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Attorney Fees in In rem Cybersquatting Action?

A Virginia court has granted relief to a plaintiff in an in rem action involving a domain name, but has denied a request for attorney fees because the mere failure of the domain name registrant to appear was insufficient evidence of the bad faith intent required to make an exceptional case under the Lanham Act.  […]

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Bad Faith Not Shown Under the ACPA

A jury finding that cybersquatting defendants had not acted in bad faith, and thus enjoyed a safe harbor from liability under the Anti-Cybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), has been upheld by the Eleventh Circuit.  Pensacola Motor Sales, Inc. v. Eastern Shore Toyota LLC, No. 10-15761 (11th Cir. June 21, 2012). The […]

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E.D. Va. Asserts Personal Jurisdiction Over Foreign Web Site Providers

Courts sometimes assert personal jurisdiction over foreign defendants who did not specifically target the jurisdiction when establishing a website accessible from within it, and who may have conducted only a relatively miniscule amount of business in the jurisdiction.  In a recent example, a Virginia court held that it had personal jurisdiction over two European corporations […]

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Bad Faith Supports Preliminary Injunction Under the ACPA

A motion for a preliminary injunction was granted to prevent continued use of the plaintiff’s mark in the defendants’s domain name where the plaintiff was likely to succeed on the merits of its claim under the Anticybersquatting Consumer Protection Act (“ACPA”), 15 U.S.C. § 1125(d). West Coast Corvettes Inc. v. MV Marketing Inc., No. SACV […]

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Answering an In Rem Action Against a Domain Name under the ACPA

The Anti-cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d) allows a trademark owner to “file an in rem civil action against a domain name in the judicial district in which the domain name registrar, domain name registry, or other domain name authority that registered or assigned the domain name is located” where personal jurisdiction over […]

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Misrepresentation in UDRP Proceeding Violates ACPA

Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings are easy to bring, and, some say, easy to abuse.  One recent case, if the plaintiff’s allegations are true, illustrates the latter point.  Misrepresenting, in a UDRP proceeding, the nature of a web site allegedly using an infringing domain name gave rise to a civil action under the Anticybersquatting […]

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Registering Large Number of Domain Names Not by Itself Evidence of Bad Faith Cybersquatting

A trademark infringement defendant’s counterclaim under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), was dismissed where the sole basis for the counterclaim was the sheer number of domain names that the plaintiff had registered.  Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc., No. 09-11505 (D. Mass. March 29, […]

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