Domain Name Private Registration Services Rejoice: Ninth Circuit Rejects Secondary ACPA Liability

Privacy services like GoDaddy’s DomainsByProxy service earn money by enabling domain name registrants to obscure their identities.  Any trademark owner whose mark has been used in an infringing domain name may confront substantial difficulty in ascertaining the infringer’s identity if the infringer has utilized such a privacy service.  Indeed, creating such difficulty might reasonably be considered the privacy services’ primary purpose. In Petroliam Nasional Berhad v., Inc., the Ninth Circuit nevertheless refused to recognize a “contributory cybersquatting” liability theory under the Anticybersquatting Consumer Protection Act (“ACPA”).  The court instead affirmed the trial court’s summary judgment in favor of GoDaddy,   Read More »

Posted in Internet and Domain Name Litigation, IP and Technology Litigation, Trademark Litigation | Tagged ,

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