Skip to main content

Research Repository

See what's under the surface

Business identity theft under the UDRP and the ACPA: is bad faith always bad for business advertising?

Faturoti, Bukola

Authors

Bukola Faturoti



Abstract

Websites have provided a very strong platform for businesses to reach their customers. They surpass the regular billboards by providing portals through which transactions are conducted without any physical contacts between a seller and a buyer. This usefulness underscores the importance of domain names through which websites are navigated. Cybersquatters have in bad faith targeted or hijacked domain names of famous and reputable businesses exploiting the goodwill of these names and misleading customers and other internet users. This paper explores the construction of bad faith under both the Uniform Dispute Resolution Policy and the US Anticybersquatting Consumer Protection Act. The paper argues that, despite some inconsistencies, 'bad faith' elements have been broadly interpreted to embrace various activities of cybersquatters. It cautions that an overzealous application of the instruments may stifle freedom of speech.

Journal Article Type Article
Publication Date May 1, 2015
Journal Journal of international commercial law and technology
Print ISSN 1901-8401
Publisher International Association of IT Lawyers (IAITL)
Peer Reviewed Peer Reviewed
Volume 10
Issue 1
Pages 1-12
Institution Citation FATUROTI, B. 2015. Business identity theft under the UDRP and the ACPA: is bad faith always bad for business advertising? Journal of international commercial law and technology [online], 10(1), pages 1-12. Available from: https://www.neliti.com/...ad-faith-always-bad-for
Keywords Domain names; Cyber squatters; Freedom of speech; Business identities; Uniform dispute resolution policy (UDRP); Anti cybersquatting consumer protection act (ACPA)
Publisher URL https://www.neliti.com/publications/28852/business-identity-theft-under-the-udrp-and-the-acpa-is-bad-faith-always-bad-for

Files





Downloadable Citations