05 Dec '13, 4am

Breaking: 9th Circuit Says No Such Thing As Contributory Cybersquatting Under ACPA Ruling In Godaddy's Favor...

Limiting claims under the Act to direct liability is also consistent with the ACPA’s goal of ensuring that trademark holders can acquire and use domain names without having to pay ransom money to cybersquatters. Because direct cybersquatting requires subjective bad faith, focusing on direct liability also spares neutral third party service providers from having to divine the intent of their customers. In order for a service provider like GoDaddy, with clients holding over 50 million domain names, to avoid contributory liability, it would presumably have to analyze its customer’s subjective intent with respect to each domain name, using the nine factor statutory test. 15 U.S.C. § 1125(d)(1)(B). Despite that nearly impossible task, service providers would then be forced to inject themselves into trademark and domain name disputes.

Full article: http://www.thedomains.com/2013/12/04/breaking-9th-circuit...

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