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DSPT Int'l, Inc. v. Nahum

United States Court of Appeals for the Ninth Circuit

624 F.3d 1213 (2010)

Relevant factsFree

DSPT International (plaintiff), a clothing company selling under the "EQ" brand, had its employee Lucky Nahum (defendant) set up and register, in his own name, the website eq-Italy.com, which became DSPT's primary sales channel. After Nahum left DSPT following a commission dispute to work for a competitor, the website's content vanished, replaced only by Nahum's personal email address - crippling DSPT's business. DSPT sued for cybersquatting under the Lanham Act, and a jury found for DSPT; Nahum appealed, noting he had registered the domain properly and in good faith years earlier.

IssueFree

Whether a defendant is liable for cybersquatting when he uses a domain name affiliated with a protected mark, with bad-faith intent to profit by holding the domain hostage, even though the domain name had previously been used properly.

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