Tucows 2015 Annual Report Download - page 45

• pricing controls;
• the creation of additional generic top level domains and country code domains;
• consumer protection;
• cross-border domain registrations;
• trademark, copyright and patent infringement;
• domain dispute resolution; and
• the nature or content of domains and domain registration.
An example of legislation passed in response to novel intellectual property concerns created by the Internet is the
ACPA enacted by the United States government in November 1999. This law seeks to curtail a practice commonly known
in the domain registration industry as cybersquatting. A cybersquatter is generally defined in the ACPA as one who
registers a domain that is identical or similar to another party’s trademark, or the name of another living person, with the
bad faith intent to profit from use of the domain. The ACPA states that registrars may not be held liable for registration or
maintenance of a domain for another person absent a showing of the registrar’s bad faith intent to profit from the use of the
domain. Registrars may be held liable, however, if they do not comply promptly with procedural provisions of the ACPA.
For example, if there is litigation involving a domain, the registrar is required to deposit a certificate representing the
domain registration with the court. If we are held liable under the ACPA, any liability could have a material adverse effect
on our business, financial condition and results of operations.
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