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Here's the The Lowdown
from DN Journal,
updated daily
to
fill you in on the latest buzz going around the domain name industry.
The Lowdown is
compiled by DN Journal Editor & Publisher Ron
Jackson. |
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Woman Who
Lost Lawsuit for Squatting on Man's Personal
Name Forced to Pay Plaintiff's Legal Fees Too
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A
lot of people
have
had UDRPs filed against them or
been sued for registering a
domain based on a celebrity's name.
However, under the Anticybersquatting
Consumer Protection Act (ACPA), a
person doesn't have to be a celebrity
for you to get in trouble if you
register their name as a domain, then
try to sell it to them for a profit.
Last Janauary attorney David Lin
of Brooklyn based Lewis
& Lin won an ACPA judgment
for a New York real estate
investor named Paul Bogoni against
a woman named Vicdania Gomez who
registered PaulBogoni.com and PaulBogoni.org
then demanded Bogoni pay her $1
million each for the domain
names.
The New
York Times reported
that the Federal District Court for the
Southern District in Manhattan ruled that Ms. Gomez,
who apparently has a prior social
relationship with |
Image
from Bigstock |
Mr. Bogoni,
had committed cyber-extortion in
accordance with the ACPA, a federal
law intended to protect individuals
from online registrations of personal
names and trademarks made in bad
faith. After winning the suit, Lin told
the the Times, "This case
shows that people have ownership in
their own names, and they can’t be
used to ransom back to them for
extortionate purposes or for
blackmail." |
Now,
you might have thought would have been
the end of it, but Lin and Mr. Bogoni
thought this squatting incident
was so egregious they might by
able to get the court to do something it
seldom does, order the defendant to pay
Bogoni's legal fees too. Last week,
after waiting 10 |
Image
from Bigstock |
months for a
decision, Lin and Bogoni got some more
good news - the judge agreed with them, ruling
that Ms. Gomez is now on the hook for
Bogoni's legal fees as well as her own.
That is no small matter - Lin said his
fees exceeded $70,000. The judgment
requires Lin to provide detailed
information on the work he did on the case
before the court will set the exact amount
Ms. Gomez will have to come up with, but
it's not going to be pocket change.
A couple of
points to take away from this are 1)
registering someone's name as a domain and
then trying to sell it to them at a profit
is the kind of "bad faith"
that can wind up teaching you a very
expensive lesson (and it doesn't have to
be a trademarked or company name to put a
big dent in your |
bank
account) and 2) if someone tries this
with your own name, Mr. Lin's track
record indicates he might be a good guy
to put on the case (both David and his
partner Brett Lewis are well
known in the domain industry). |
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(Posted November
20, 2012)
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