August 09, 2007

From Bloomberg Law Report - IP (Vol. 1, No. 26, August 6, 2007): "The U.S. District Court for the District of Southern California denied a defendant’s motion to dismiss an Anticybersquatting Consumer Protection Act (ACPA) complaint for lack of subject matter jurisdiction, finding that the outcome would be no different and judicial resources would be wasted if it granted the motion". Case name is Mann v. AFN Investments, Ltd., No. 07-CV-83 (S.D. Cal. July 27, 2007)

Mann filed a complaint for declaratory relief pursuant to the ACPA (15 U.S.C. § 1114, which allows “a registrant whose domain name has been . . . transferred to file a civil action to establish that the registration or use of the domain name by such registrant is not unlawful”), after he was ordered by a UDRP panel to transfer the name.

The district court cited Sallen v. Corinthians Licenciamentos LTDA, 273 F.3d 14 (1st Cir. 2001), Storey v. Cello Holdings, L.L.C., 347 F.3d 370 (2d Cir. 2003), and, Inc. v. Excelentisimo Ayuntamiento de Barcelona, 330 F.3d 617 (4th Cir. 2003), which already resolved a similar issue.

No comments: