Failed ACPA Case Might Have Been A Successful UDRP Complaint

Brand owners seeking to acquire a cybersquatting domain name may file either a lawsuit under the Anti-cybersquatting Consumer Protection Act (“ACPA”) or an arbitration complaint under the Uniform Domain-Name Dispute-Resolution Policy (“UDRP”). A recent case from the Northern District of Georgia illustrates a key difference between the two—and a possible advantage to filing a UDRP complaint.

Plaintiff Dar Thompson, mayoral candidate of Peachtree City, Georgia, had chosen “dar4ptc” (“Dar for Peachtree City”) for his campaign slogan and website. When he attempted to purchase and several other similar domains several weeks later, however, he learned they had already been registered.  In fact, the domain registered only two days after an email revealed the slogan internally to Thompson’s campaign staff.  That timing did not appear coincidental. Thompson’s second amended complaint alleged that someone on his campaign had leaked the slogan to a political rival. Further,