"Statutes of limitations are potentially applicable in cybersquatting claims under the ACPA, but the times, places, and circumstances under which they would bar a claim appear quite rare."
Despite being codified more than 20 years ago, there are many open questions regarding application of the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. ' 1125(d) ("ACPA"). Certainly, domain name conflicts continue to evolve given the continued importance of the domain name system to the Internet and the constant changes in both technology and strategies of offenders. But there are also open questions in the application of the cybersquatting law itself, including the applicability and application of statutes of limitations. Does a statute of limitations apply to ACPA claims? If so, how long is it? And from when does it run? This article discusses the relatively small body of law that analyzes statutes of limitations for cybersquatting claims under the ACPA.
The precise answers to the basic questions are murky, but the upshot is clear: a statute of limitations is unlikely to bar an ACPA claim in all but the narrowest of circumstances. If the court finds a statute of limitations applicable (a big "if"), the use of a domain name to engage in cybersquatting is considered to be a continuing harm, such that the statute of limitations would run from the last date the domain was used. Even if a defendant could show bare registration without active use of the domain name, the re-registration of the domain could be considered a use creating harm, at least in the majority of federal courts that find re-registration to be covered by the ACPA. Given that re-registration typically occurs on an annual basis, it would be highly unlikely that a defendant could succeed in obtaining dismissal of a cybersquatting claim based on a statute of limitations.
1. Does a Statute of Limitations Apply to ACPA Claims?
The most basic...
