Posts Tagged ‘default judgment’

Metropark USA Wins Domain Name from a Cybersquatter in in rem Default Judgment

Friday, August 6th, 2010

U.S. Magistrate Judge Theresa Carroll Buchanan granted Plaintiff Metropark USA a permanent injunction transferring ownership of Defendant www.Metropark.net in the Anti-cybersquatting Consumer Protect Act and federal trademark infringement in the case Metropark United States v. Metropark, 2010 U.S. Dist. LEXIS 78674 (D. Va. 2010).

The decision (but because it is a Magistrate ruling it is really only a recommendation) was rendered and entered in default on July 8, 2010 in the U.S. District Court for the Eastern District of Virginia, Alexandria Virginia. In this federal cybersquatting claim, the D.C. for the E.D. Virginia exercised in rem jurisdiction over Defendant Domain Name www.Metropark.net and because the Domain Name registrant failed to reply to the complaint or otherwise appear before the court in these proceedings the Magistrate judge entered her recommendation in a default rulingcybersquatted trademark domain name against the Defendant Domain Name.

Brief history of the parties involved;

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Domain Name Owner Wins His Expenses In Cybersquatting Case

Wednesday, October 7th, 2009

A domain name owner recently won his expenses in a cybersquatting case in federal court. 

Domain Name Wire reports that Neon Network has been awarded its expenses after it won a default judgment in a declaratory judgment action under the Anticybersquatting Consumer Protection Act (ACPA) in Arizona.  Aspis Liv Forsakrings, an insurance company, originally filed a cybersquatting case under the Uniform Domain Name Dispute Resolution Policy (UDRP) against Neon Network with the World Intellectual Property Organization (WIPO)

WIPO found that Neon had registered the domain name in bad faith, and the aspis.com domain name was transferred to Aspis.

Neon Network then filed a declaratory judgment action in Arizona asking the court to determine that it had not violated the Anticybersquatting Consumer Protection Act.  The judge issued a default judgment against Aspis and awarded Neon $1,547. 

The judgment can be viewed here, courtesy of Domain Name Wire.