Name: Aishwarya Kachala
Trial: Moon Micro. v. Zucchini
Counsel for: Plaintiff
Partner: Damian O'Leary
The Anti-Cybersquatting Consumer Protection Act (ACPA) is a law under the Lanham Act which is created to protect the domain names from trademark violation. The ACPA has certain elements which must be proven to institute cybersquatting under the Anti-Cybersquatting Protection Act. One of the requirements in this Act is that the plaintiff needs to show that the defendant registers, trafficked in, or used a domain name. So in the Moon Microsystem v Zucchini trial, John Zucchini who is a coffee shop owner and a self-styled coffee expert who enjoyed notable success with his online blog, “Mixing Moonlight & Mocha.” Moon Microsystems, Inc. is …show more content…
And now Moon Microsystems is taking legal action on John Zucchini for cybersquatting, using the ACPA. And they specifically alleged that he, with intent to confuse consumers and capitalize on the popularity and dishonor the Mocha Programming language, registered a domain name that is confusingly similar to their own Mocha related trademarks.
And unlike what everyone thinks, ACPA is not available for all- it is only available to owners of renowned trademarks. To begin with, there are a few factors to take in consideration and also that the court will look into to determine whether a trademark is famous or not, such as, has it been in use for a long period of time, the amount of investment made in endorsing the mark and see whether the mark has been registered with the Patent and Trademark Office. Furthermore, the ACPA looks at the potential impact of a domain name on the trademark. The domain …show more content…
A famous casino named Venetian Casino resort, sued defendant which was Venetiangold.com, for the “Internet domain names in rem”, alleging that the names were confusingly similar to the owner’s marks and were registered with bad faith intent to profit from the marks of violation of the ACPA, 15 U.S.C.S. § 1114. The domain names which offered casino gaming services on the internet which were , VenetianGold.com,VenetianGold.net,VenetianGoldCasino.com, VenetianGoldCasino.net, and a few others which were almost similar like these ones. Also, the bad faith intent of the registrants to profit was indicated by the lack of any trademarks of the domain names. At the end the result was that the owner’s motion for the judgment was decided, and the domain names’ cross- motion was denied because no reasonable jury could find that Defendant domain names do not violate the
Trial: Moon Micro. v. Zucchini
Counsel for: Plaintiff
Partner: Damian O'Leary
The Anti-Cybersquatting Consumer Protection Act (ACPA) is a law under the Lanham Act which is created to protect the domain names from trademark violation. The ACPA has certain elements which must be proven to institute cybersquatting under the Anti-Cybersquatting Protection Act. One of the requirements in this Act is that the plaintiff needs to show that the defendant registers, trafficked in, or used a domain name. So in the Moon Microsystem v Zucchini trial, John Zucchini who is a coffee shop owner and a self-styled coffee expert who enjoyed notable success with his online blog, “Mixing Moonlight & Mocha.” Moon Microsystems, Inc. is …show more content…
And now Moon Microsystems is taking legal action on John Zucchini for cybersquatting, using the ACPA. And they specifically alleged that he, with intent to confuse consumers and capitalize on the popularity and dishonor the Mocha Programming language, registered a domain name that is confusingly similar to their own Mocha related trademarks.
And unlike what everyone thinks, ACPA is not available for all- it is only available to owners of renowned trademarks. To begin with, there are a few factors to take in consideration and also that the court will look into to determine whether a trademark is famous or not, such as, has it been in use for a long period of time, the amount of investment made in endorsing the mark and see whether the mark has been registered with the Patent and Trademark Office. Furthermore, the ACPA looks at the potential impact of a domain name on the trademark. The domain …show more content…
A famous casino named Venetian Casino resort, sued defendant which was Venetiangold.com, for the “Internet domain names in rem”, alleging that the names were confusingly similar to the owner’s marks and were registered with bad faith intent to profit from the marks of violation of the ACPA, 15 U.S.C.S. § 1114. The domain names which offered casino gaming services on the internet which were , VenetianGold.com,VenetianGold.net,VenetianGoldCasino.com, VenetianGoldCasino.net, and a few others which were almost similar like these ones. Also, the bad faith intent of the registrants to profit was indicated by the lack of any trademarks of the domain names. At the end the result was that the owner’s motion for the judgment was decided, and the domain names’ cross- motion was denied because no reasonable jury could find that Defendant domain names do not violate the