Monday, July 6, 2009

Traverse Internet Law Federal Court Report: June 2009 Domain Name Dispute Lawsuits

Traverse Internet Law Disclaimer

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


FIRST AMERICAN CORPORATION v. eNOM INC., ET AL.
WESTERN DISTRICT OF WASHINGTON (SEATTLE)
2:09-CV-00762
FILED: 6/02/2009

This is a prime example of what can go wrong when transferring a domain name. Apparently a registrar obtained possession of the domain name in the process of transferring it to the Plaintiff pursuant to a UDRP arbitration decision. Somehow, the Defendants convinced the registrar to transfer it back to them. Timing is of the essence. The moment a domain name is transferred to a registrar and placed in your business name it should be transferred from that registrar to your own registrar account. The quicker you get possession of the domain name with your own registrar the better off you are going to be.

The First American Corporation is a California corporation with its roots dating back to the 1800s. It has been publicly traded on the New York stock exchange since 1993 and is a leading provider of real estate title and settlement services, mortgage services, and numerous other financial services. The Defendants are alleged to have acquired or participated in the acquisition of the “firstamerican.com” domain name. A domain name arbitration process resulted in a decision from an arbitrator that the domain name must be transferred to the Plaintiff. In the process of doing so, eNom, Inc., acting as a registrar allegedly obtained possession of the domain name and then returned it to the Defendants.

The lawsuit claims cybersquatting, contributory cybersquatting, trademark infringement, unfair competition and false advertising, trademark dilution, Washington state unfair competition, common law unfair competition, common law fraud, breach of contract, tortious interference with a contract or business expectancy, conversion, contributory false advertising, contributory trademark dilution, contributory unfair competition, and contributory common law unfair competition. The prayer for relief in the case requests the transfer of the domain name to the Plaintiff, preliminary and permanent injunctive relief, statutory, compensatory, and punitive damages, and an award of costs. Traverse Internet Law Cross-Reference Number 1330.


1 comment:

ever said...

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