JURISPRUDENCE UNDER THE IN REM PROVISION OF THE ANTICYBERSQUATTING CONSUMER PROTECTION ACT

摘要

The Anticybersquatting Consumer Protection Act ('ACPA") provides a cause of action for trademark owners against cybersquatters, who register domain names containing trademarks in order to profit from the marks. Cybersquatters fall into two categories: (1) those who can be found, and on whom a United States court can assert personal jurisdiction; (2) those who cannot be found, or are beyond personal jurisdiction because they are located in foreign countries. The ACPA addresses both categories of cybersquatters. The trademark provision of the ACPA imposes liability on cybersquatters who can be found and are within a United States court's personal jurisdiction while the in rem provision grants relief against those cannot be found or are beyond personal jurisdiction.