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Oracle Tips by Burleson 

Web Stalkers
Chapter 6 -
Cyber Theft

Laws Against Plagiarism

their complaint […] claims that Dastar's sale of Campaigns “without proper credit” to the Crusade television series constitutes “reverse passing off” in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)

In this case, the U.S. Supreme court doubled the amount of the damages.  When plagiarism is intentional and with malice, courts are allowed to impose punitive damages, doubling and even tripling the amount of the actual damage to punish the plagiarist:

“The ultimate test […] is whether the public is likely to be deceived or confused”.

The court awarded Dastar's profits to respondents and doubled them pursuant to § 35 of the Lanham Act, 15 U.S.C. § 1117(a), to deter future infringing conduct by petitioner.

Another common type of Internet theft is cybersquatting.  The next section details how cybersquatters are punished by the U.S. courts.


Cybersquatting is the illegal appropriation of protected website names, URLs, content, trademarks or copyrighted material.  The U.S. Anticybersquatting Consumer Protection Act (ACPA), which was passed into law in November 1999, contains a provision that allows judges to order large damage awards against cybersquatters.  This ACPA defined cybersquatting as:

“registering or using with a bad faith intent to profit a domain name that is confusingly similar to a registered or unregistered mark or dilutive of a famous mark.”

The above text is an excerpt from:

Web Stalkers
Protect yourself from Internet Criminals & Psychopaths
ISBN 0-97-45993-9-5

by Donald K. Burleson, Stephen Andert

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