Group wants to model law after Utah legislation.
Coalition Against Domain Name Abuse (CADNA) is pushing to amend the 1999 Anti-Cybersquatting Consumer Protection Act (ACPA) to include provisions in a 2010 Utah cybersquatting law.
Phil Corwin, counsel for the Internet Commerce Association, notes that CADNA is recruiting a sponsor and no bill has been introduced yet. Thus, it’s impossible to know the exact details of how the group wants to amend the act.
That said, the Utah legislation increases damages for cybersquatters and allows trademark owners to sue “affiliates” that enable cybersquatters to operate. Corwin notes:
So expanding the scope of potential liability beyond domain registrants to their “affiliates” (a term that is not defined in the Utah law) is one significant change. That change could apply to every affiliated entity associated with and controlled by an individual or company holding a domain portfolio.
Another is a significant increase in potential civil money penalties, with the Utah law providing plaintiffs with the option to opt for very stiff statutory damages without any requirement to prove actual damages and economic harm. Further, a presumption that damages are $100,000 per domain where there is any pattern or practice of cybersquatting is very worrisome, as what constitutes a pattern or practice is likewise not defined – it might be as few as two past UDRP losses.
Here’s the first part of the email CADNA sent out: Click here to read more…