The Anticybersquatting Consumer Protection Act and the Uniform Dispute Resolution Policy: New Opportunities for International Forum Shopping?
35 Pages Posted: 17 Feb 2005
This Article analyzes the relationship between the UDRP and the ACPA. It highlights some concerns regarding international implications and manipulations of litigants in legal disputes concerning generic Top Level Domains. The analysis demonstrates who easily can mark owners influence the national forum, where challenges on UDRP decisions are heard and decided. The article further voices concerns regarding the current legal structure which allows mark owners to divert UDRP challenges to US federal courts when foreign marks are involved and adjudicated according to US trademark law.
Keywords: UDRP, ACPA, domain names, forum shopping, cybersquatting
JEL Classification: K13, K33, K41
Suggested Citation: Suggested Citation
By Zohar Efroni