The State of Information Technology Law 2011 - Tradmark/Cybersquatting




1. U.S. Courts of Appeal

a. Newport News Holdings Corp. v. Virtual City Vision Inc. 98 USPQ2d 1441

The U.S. Court of Appeals for the Fourth Circuit ruled on April 18, 2011 that district court properly granted summary judgment for plaintiff clothing retailer, doing business under “Newport News” mark, on its cybersquatting claim, even though defendants prevailed in earlier Uniform Domain Name Dispute Resolution Policy proceeding, since, at time of UDRP decision, defendants’ “” website simply provided information about city of Newport News, Va., and defendants subsequently changed site to one primarily devoted to women’s fashions.

2. U.S. District Courts

a. Rackly Bilt Custom Trailers Inc. v. Harley Murray Inc. 95 USPQ2d 1730

The U.S. District Court for the Eastern District of California on June 9, 2010 granted defendant summary adjudication of Plaintiff’s claim for cybersquatting under 15 U.S.C. § 1125(d), based on defendant’s registration of “” and other domain names using forms of Plaintiff’s business name, since defendant did not use domain names in connection with goods or services, set up website using names, offer to sell names, or profit from registering names.

Please see full chapter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Brooks Kushman P.C. | Attorney Advertising

Written by:


Brooks Kushman P.C. on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.