| When it comes to claims of cybersquatting, it is | | | | subjects a copyright infringer to $150,000.00 in |
| relatively understood that providing false Whois | | | | monetary damages. It is important to recognize that |
| contact information is relevant to the bad faith | | | | the prerequisites for a copyright infringement lawsuit, |
| determination under the Anti-cybersquatting | | | | and the ability to recover statutory damages, still |
| Consumer Protection Act (ACPA). However, it may | | | | apply. Namely, a copyright must be registered with |
| be less well-known that providing false contact | | | | the United States Copyright Office prior to the |
| information may also be relevant to a copyright | | | | infringement or within three months of publication, |
| infringement lawsuit. In particular, under the Copyright | | | | and the infringement must be willful. This particular |
| Act, namely 17 U.S.C. § 504(c)(3)(A), "it shall be | | | | provision, assuming that the copyright was properly |
| a rebuttable presumption that the infringement was | | | | registered in a timely fashion, creates a rebuttable |
| committed willfully for purposes of determining relief | | | | presumption that the infringement is willful. |
| if the violator, or a person acting in concert with the | | | | Thus, it is important that any online copyright |
| violator, knowingly provided or knowingly caused to | | | | infringement include an analysis of the domain name |
| be provided materially false contact information to a | | | | Whois information. Conversely, copyright attorneys |
| domain name registrar, domain name registry, or | | | | should advise their clients that, once again, maintaining |
| other domain name registration authority in | | | | accurate and up-to-date contact information is |
| registering, maintaining, or renewing a domain name | | | | extremely important for multiple causes of action, |
| used in connection with the infringement." | | | | including copyright infringement. Ultimately, |
| Put another way, this provision makes clear that an | | | | understanding that provisions like this exist are critical |
| alleged infringer that is infringing the copyright of | | | | for any internet lawyer who regularly deals with |
| another through means of a website may be subject | | | | online copyright infringement and related issues. |
| to statutory damages for willful infringement if the | | | | Understanding that a similar provision does not yet |
| Whois information for the domain name pertaining to | | | | exist for trademark infringement claims may also be |
| that website is inaccurate. This is extremely | | | | valuable and worth lobbying or argument on the |
| important and may provide additional leverage against | | | | same. |
| an alleged infringer, especially since willful infringement | | | | |