Cybersquatting and the Law

The definitive, practice-ready guide to ACPA litigation and domain-name disputes.
Written by Gerald M. Levine and David, Cybersquatting and the Law gives IP litigators, in-house counsel, and brand-protection teams a clear, structured playbook for asserting—or defending against—claims at the intersection of trademarks and domain names. It distills two decades of jurisprudence into practical steps for pleadings, evidence, remedies, and strategic challenges to UDRP decisions.

What you’ll find inside:

Framing a winning (or defensible) claim. The book walks you through the core elements—identical or confusing similarity, distinctiveness/fame at the time of registration, “use in commerce,” and trade/personal names—with focused guidance on how panels and courts actually apply these tests.
It also explains why the mark must be distinctive when the domain was registered—an issue that often decides standing.
Proving (or rebutting) bad-faith intent to profit. You’ll get a practical map to the ACPA’s bad-faith factors and what evidence carries weight (and what a “conclusory allegation” looks like). Expect step-by-step guidance on “necessary allegations/contentions,” evidentiary burdens, and how courts evaluate “purposeful availment.”
Jurisdiction and procedure made usable. Master in personam and in rem strategies, long-arm statutes, “mutual jurisdiction” after UDRP, venue selection, and emergency relief—including TROs and preliminary injunctions. The book also covers how WHOIS redaction and the GDPR have changed investigations and proofs.
Remedies and risks—on both sides. From prohibitory injunctions to monetary relief, the book explains what’s actually available under the ACPA and when, including the contours of statutory damages and attorney’s fees. It also details how and when to pursue reactivation/transfer after an overreaching UDRP award (RDNH “heavy” vs. “light”).
Speech, defenses, and timing pitfalls. Get crisp treatment of protected speech and expressive uses, laches and other equitable defenses, and how “initial interest confusion,” impersonation, meta-tags, and bots show up in modern pleadings.

Beyond checklists—real-world strategy

Cybersquatting and the Law shows how to challenge (or defend) UDRP outcomes de novo in federal court, clarifies when courts do not defer to panel decisions, and highlights what proof moves the needle. It’s a candid guide to avoiding “conclusory” pleadings, building a record, and timing your injunction requests.

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