How does the Anticybersquatting Consumer Protection Act protect against unfair competition?

The Anticybersquatting Consumer Protection Act (ACPA) helps protect against unfair competition in Maryland by giving consumers the legal right to take action against bad actors who create websites with domain names that are identical, similar, or confusingly related to a brand’s domain name. According to the ACPA, a violation occurs when an individual creates, registers, or uses a website with a domain name that is similar to an existing trademark in an effort to profit off of an existing brand’s identity or create confusion. The act provides a cause of action for those who are injured by cybersquatting, allowing the injured party to obtain injunctive relief, damages, and attorney’s fees. The ACPA also provides protection to those who might be victims of typosquatting, which is a similar form of cybersquatting where the bad actor creates a domain name similar to an existing trademark in order to “catch” internet users who have made typos when entering a domain name into their browser. For example, if a popular brand’s domain name was abc.com, an unscrupulous individual might register a domain name abv.com in order to capture traffic meant for the legitimate business. In sum, the ACPA provides Maryland consumers with substantial protection from unfair competition caused by cybersquatting and typosquatting. Through the act, individuals and businesses are able to obtain injunctive relief, damages, and attorney’s fees if they have been victims of these types of activities.

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