Anticybersquatting Consumer Protection Act - ACPA V. UDRP

ACPA V. UDRP

Instead of suing in federal court under the ACPA, a trademark owner can choose to pursue an administrative proceeding under ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP). The UDRP allows a trademark owner to challenge domain name registrations in expedited administrative proceedings.

A UDRP proceeding can be faster and cheaper for trademark owners than an ACPA lawsuit. Also, UDRP outcomes tend to be pro-plaintiff because many UDRP arbitrators are trademark lawyers. However, some trademark owners prefer to bring ACPA claims because they offer more remedies than the cancellation or transfer of the domain name (the only remedies available under UDRP proceedings) and a court ruling can lead to a final resolution of the matter. Also, a suit under the ACPA may deter future cybersquatters more effectively than a UDRP proceeding.

Read more about this topic:  Anticybersquatting Consumer Protection Act