Part II of this Note presents an overview of domain names as well as a general overview of cybersquatting and trademarks. Part III analyzes some of the measures Congress has taken against cybersquatting and the case law under those measures. Part IV gives a general overview of typosquatters, who constitute a subgroup of cybersquatters. Part V discusses the TDNA and issues that have been addressed through U.S. v. Zuccarini. Part VI asks whether the TDNA is an unconstitutional restriction on free speech. Part VII questions whether criminal liability is appropriate and argues for a higher culpability standard in § 2252(B)(b) of the TDNA. Finally, Part VIII proposes several options that can be used to circumvent typosquatted websites and examines the future of typosquatting after the U.S. Supreme Court's recent holding in Ashcroft v. American Civil Liberties Union.
David A. Gusewelle,
Typosquatters, The Tactical Fight Being Waged by Corporations, and Congress' Attempt to Fight Back in the Criminal Arena,
7 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol7/iss1/7