The ACPA contains a safe harbor. The safe harbor provision states that
bad faith intent "shall not be found in any case in which the court
determines that the person believed and had reasonable grounds to
believe that the use of the domain name was fair use or otherwise
lawful." 15 U.S.C. S 1225(d)(1)(B)(ii).
Quote from:
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=4th&navby=docket&no=001356p