Statutory Damages Under The Anticybersquatting Consumer Protection Act

摘要

Although the ACPA was enacted more than eight years ago, and the registration of domain names worldwide has exploded, we still have relatively little insight into how courts determine a particular amount of statutory damages. This is no doubt due in part to the lack of guidance in the ACPA and its legislative history. In examining the cases that have awarded statutory damages, however, the courts have based their awards on a wide range of factors. Moreover, a few trends are discernible. First, courts have not been shy in awarding large amounts of statutory damages. Eleven of the 32 reported cases awarded the maximum $100,000 per domain name, and three of those cases awarded $100,000 each for multiple names. Two cases awarded $75,000 per name and three awarded $50,000 per name. Thus, half of the cases awarded $50,000 or more per name. Second, several courts have expressly recognized the importance of the deterrent effect of statutory damages, which should help in situations where cybersquatters own or use domain names for only a short time, even cybersquatters who monetize domain names with click-through advertising for just a few days. Finally, many courts appear to do a good job of balancing the pertinent facts and equities of a case to award an amount of statutory damages that is "just" under the circumstances.