Are there any defenses to an Anticybersquatting Consumer Protection Act claim?
Yes, there are defenses to an Anticybersquatting Consumer Protection Act (ACPA) claim in Massachusetts. The ACPA prohibits registering, trafficking, or using a domain name with bad-faith intent to profit from the goodwill of another’s trademark. The first defense is that the domain name is used for a legitimate non-commercial or fair use. This defense applies if the domain name is not used to make money or harm the trademark owner. An example of a legitimate non-commercial or fair use is a domain name used to comment on or criticize the trademark owner’s products or services. Another defense is that the domain name owner has a legitimate business interest in the name. This applies if the domain name owner does have a legitimate legal interest in the domain name and his/her use of the domain does not interfere with the trademark owner’s rights. One more defense is that the trademark owner does not have a valid trademark. This applies if the trademark owner does not have the exclusive rights to the trademark. This defense can be used when the domain name is not identical to the trademarked name and the goods/services of the trademark owner and domain name owner do not closely relate. These are just some examples of defenses to an ACPA claim in Massachusetts. If you are facing an ACPA claim, you should contact a lawyer to further discuss your rights and defenses.
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