Although the text of the Anti-Cyberpiracy Consumer Protection Act seems fairly straightforward, the act raises interesting issues concerning the jurisdiction of federal courts and the extent to which free speech or commercial considerations can cut against a finding of bad faith.
The act, 15 U.S.C. � 1125(d)(1), was passed in 1999 to curb the widespread practice of cybersquatting � registering domain names incorporating other parties’ trademarks with the intent of selling the domain name back to the mark owner or to others. Under the act, a person alleged to be a cybersquatter is liable to the owner of a protected mark if that person:
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