Such an action could harm the goodwill represented by the mark by introducing confusion. With regard to protecting a person's right to use his or her personal name as an Internet domain name, the new law prohibits cybersquatters from registering another's name without their consent if the intent in doing so was to realize a profit from the sale or transfer of the domain name. In addition to the above-noted power to order cancellation or transfer of a domain name registration, courts will also have the power to award both injunctive and monetary relief. Thus, damages would not be available with respect to the registration, trafficking or use of a domain name that occurs before the date of the enactment of the Act. The new federal law will, hopefully, bring an end to the pernicious practice of extorting money from trademark owners and individuals who wish to use their own well-recognized marks and names on the Internet.
Questions remain, however, concerning the courts' interpretation of the new statute.