The Young Cybersquatter’s Handbook: A Comparative Analysis of the ICANN Dispute

This article will examine how the UDRP and the ACPA are implemented to enjoin the use of trademarks and service marks as Internet domain names in the United States and throughout the world. Part I of this paper provides background information regarding ICANN and its role in Internet domain name governance and an analysis of the UDRP. Part II will discuss the background of the ACPA, how it has expanded prior trademark law, and how it is currently applied. Finally, Part III will discuss the pros and cons of the UDRP and the ACPA, with regard to jurisdictional issues and the five distinct fact situations which raise trademark issues involving the Internet domain name system (“DNS”).

Recommendations and strategies for both cybersquatters and trademark owners will also be suggested in order for them to use these mechanisms to their own advantage.