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No Personal Jurisdiction in Cybersquatting Case

An entity alleged to be the alter ego of a plaintiff bringing an action for reverse domain name hijacking is not subject to the personal jurisdiction of the court on a trademark infringement counterclaim.  AIRFX v. AirFX, No. CV 11-01064 (D. Ariz. March 8, 2012). Facts Marc Lurie, accused of cybersquatting in a Uniform Domain Name Dispute Resolution Proceeding (UDRP), sued AirFX LLC in Arizona because AirFX had selected Arizona as the forum for the UDRP proceeding.  AirFX’s choice of forum was dictated by the presence in Arizona of the registrar for airfx.com, the disputed domain name.  AirFX brought counterclaims, including a claim of trademark infringement under the Lanham Act, against Lurie and two corporate entities, including Pedal Logic, alleged to be Lurie’s alter ego.  Pedal Logic moved to dismiss the counterclaims, including the trademark infringement claim, for lack of subject matter jurisdiction and lack of personal jurisdiction. Result Motion to…

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Service by E-mail

Internet scofflaws often operate anonymously or under pseudonyms, and frequently provide false addresses, making them difficult to locate and serve.  This has led some courts to allow service via e-mail, a helpful tool to remember in the often frustrating battle against the anonymity of cyber squatters, domain name infringers, and the like. For example, in Kohler v. DomainJet, 2012 U.S. Dist. LEXIS 28888, No. 11-cv-1767 (S.D. Cal. March 5, 2012), the plaintiffs filed a complaint alleging claims under the Anticybersquatting Consumer Protection Act and the Lanham Act against a defendant corporation, an individual defendant, and Does 1-10.  Plaintiffs’ private investigator established that addresses in the United States and China associated with the defendants were nonexistent or invalid.  However, Plaintiffs had communicated with one of the defendants using an e-mail address that was also used to register domain names that were the subject of the complaint. Under Federal Rule of Civil…

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