ACPA Dilemma: Federal Court Denies Injunction in Landmark Case - Cybersquatting Loophole or Legal Oversight?
This case had a bit of a weird result -- even though the brand owner had a mark that was 20 years old, and the alleged cybersquatter, in the meantime, acquired a domain name on the open market identical to that mark, because the domain name was first registered (by an unrelated party) before the brand owner's trademark rights arose, there was no relief under federal trademark law.
Canvas Technologies Inc Gopets Ltd Instructure Inc Anticybersquatting Consumer Protection Act Lamborghini Spa Ninth Circuit
Source: circleid.com