Ruling in Cybersquatting Suit
In DSPT Int'l., Inc. v. Nahum, No. 08-55062, an action for "cybersquatting" and trademark infringement in violation of the Lanham Act, the court affirmed judgment for plaintiff where: 1) although there was no evidence of anything wrong with defendant's registration of the domain name at issue to himself, the evidence supported a verdict that defendant subsequently, years later, used the domain name to get leverage for his claim for commissions; 2) the designs used by defendant were sufficiently similar to those used by plaintiff; and 3) given the impossibility of precise measurements, the jury had sufficient tools for estimating defendant's damages, including financial statements bracketing the period of the loss and testimony that DSPT spent $31,572.72 recreating its website.
As the court wrote: "This case was tried to a jury, and the appellant challenges the jury verdict, so we "view the evidence in the light most favorable to the nonmoving party, and draw all reasonable inferences in that party's favor."
- Read the Ninth Circuit's Decision in DSPT Int'l., Inc. v. Nahum, No. 08-55062