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Navigating Social Media Legal Risks: Safeguarding Your Business by Robert McHale

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Appendix D. The Anticybersquatting Consumer Protection Act (ACPA)

(15 U.S.C. § 1125(d) - Section 43(d) of Lanham Act)

§ 1125. False designations of origin, false descriptions, and dilution forbidden

image Note

{§§ 1125(a) to 1125(c) intentionally omitted}

(d)     Cyberpiracy prevention

(1)

(A)    A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person—

(i)     has a bad faith intent to profit from that mark, including a personal name which is protected as a mark under this section; and

(ii)

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