These posts review the first 11 years of AntiCybersquatting Consumer Protective Act (ACPA) dispositive federal caselaw. Decisions were found by searching Google Scholar for the term "cybersquatting," reviewing cases cited by uncovered cases and literature, and tracking new cases through the use of Google Scholar Alerts using the terms "cybersquatting" and "15 U.S.C. § 1125(d)."
Some preliminary results:
- Total number of cases reviewed: 67
- Percentage of cases where Trademark Owner (TMO) prevailed: 66%
- Percentage of cases where Domain Name Owner (DNO) prevailed: 34%
- Total factors considered all cases: 364
- Average number of factors considered in a case: 5.4
- Total factors in favor of DNO: 93 (26%)
- Total factors in favor of TMO: 261 (72%)
- The number of cases that considered 9 or more factors: 22
- Fewest factors considered in a TMO winning case: 1
When the ACPA was first enacting, there was a flurry of cases. Then, for the next eight years, generally the number of ACPA cases hovered at small numbers. The year 2010 saw a spike in cases, but 2011 (8 months into the year) does not appear to be sustaining that spike.
DNOs have won on average 34% of the cases. In the initial year of litigation, TMO won all of the cases. Over time DNOs have fared progressively better, winning the majority of cases two out of the last three full calendar years.
Next: Failed Conspiracies