Digital Media Lawyer Blog:  “It seems unthinkable.  How can a business that has registered and used a trademark for a decade lose an ACPA case against a serial cybersquatter who has been adjudicated to have used the mark at issue in bad faith?  The fact is that it can and does happen.  When a plaintiff sues under the Anti-Cybersquatting Consumer Protection Act, it must prove that it owns a valid trademark. 15 U.S.C. § 1125(d).  This means that an ACPA suit puts the validity of the plaintiff’s trademark at issue. And if the defendant chooses to put up a fight, the end result of an ACPA suit can be that the plaintiff’s trade name loses protection as a trademark.  This was the result in American Blind. It also may be the result in Lahoti v. Vericheck.”

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