Aggressive Procedure

One federal statute clearly authorizes private parties to bring in rem actions in order to seize domain names. The Anticybersquatting Consumer Protection Act (ACPA) authorizes such suits against only domain names that infringe trademark rights (such as CheapChanel.com). The statute does not cover noninfringing domain names (such as Replica911.com), even if websites that sell infringing articles use those domain names.

In its lawsuit, Chanel has seized both infringing and noninfringing domain names. That’s beyond the scope of ACPA.

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