Does ACPA challange require trademark?

[aww]

Here's a dumb question, but I can't find a good answer:

If someone challanges a domain you own under ACPA aren't they required to have a trademark on the name in some form?

I mean a trademark is the definitive issue for ACPA isn't it?

Thanks for any thoughts on this.

 

[shendia]

What is the name and what are the reasons they are challenging the right to the name? If it's their personal name and feel like they're being taken advantage of, then they probably have a case (like in JuliaRoberts.com) or if you are infringing on something famous like a product or company name like coke or msn or something like that. Otherwise, I think it's pretty much up to interpretation as to whether it's an infringement if you have a legitimate use. Like computerprinter.com for example is not infringing where packardprinter.com would be. (Unless you can prove your name is Packard and then there would still be an argument since Packard is famous and you are not). No offense, you may be famous (I really don't know) but when people hear the name, do they associate it with you or somebody else? Hope this helped and didn't cause more confusion. shendia

 

[RJ]

Yes, of course they would have to have a trademark claim to take you to court over a trademark violation.

However, it does not neccessarily have to be a registered trademark. A company can still claim a trademark on a term as a common law trademark -- meaning they've used the term and become popularly known by it.

 

[aww]

Thanks for your input, both of you.

Some additional details which will help clarify, this is not a persons name (I stay away from those, too hot of an issue) and its a brand new product, no previous related products - and most importantly no trademark that I can find (and they don't provide).

(by the way common law is only recoignized by a few states but that was a good reminder, I forgot about it)