EnTrends

the domain name in the bona fide offering of any goods or
services, or the person's prior conduct indicating a pattern of
such conduct."

A common problem is identifying the culprit. In Jan Tallent-

Dandridge's case, for example, the only information about the

perpetrator is:

offers@NameRegister.com

Registrant:

Dave Web (JTDBIZOPPS-COM-DOM)

Buy This Domain

5 Tpagrichnery St ., # 33

Yerevan, Armenia 375010

208.978.3555

offers@NameRegister.com

Call me skeptical, but somehow I doubt that's a real name and

address. Fortunately, the Act has anticipated this problem:

"The owner of a mark may file an in rem civil action against

a domain name [an "in rem" proceeding is an action against the
thing rather than against a defendant - in this context, it means
that the court can make an order in relation to the domain name
itself rather than against Dave Web personally such as ordering
him to surrender the domain name] ... ".

And as for remedies, assuming you are able to identify your

particular scumbag, these include injunctions and damages

(either actual or, in a case where your individual name is at

issue, statutory damages of between $1,000 and $100,000

per domain name).

=> Generic Legal Avenues

Whether or not you can pursue an action under the Act, there

are a number of legal avenues open to anyone in Jan's

situation (and by that, I mean, someone who is using the

domain name to point to a site that damages your reputation).

First off, let's recognize this practice for what it is. Extortion.

Pure and simple. It's a crime. So is criminal defamation.

Write a strongly worded cease and desist letter to the offender,

threatening to report them to the District Attorney and/or the

police and the Federal Trade Commission as well as instituting

a civil suit. You are more likely to get a result if the letter comes
from your attorney.

If the offender doesn't comply, report them. As for what action
will be taken, your guess is as good as mine but at least you've
done what you can.

If you have the resources to do so, you can also bring civil

proceedings against the offender on the same grounds. The