United States Ninth Circuit

In an action seeking a declaratory judgment that plaintiff's acquisition of the vericheck.com domain name did not constitute trademark infringement or cybersquatting, judgment against plaintiff is vacated and remanded where the district court's factual decision that the "VeriCheck" mark was a distinctive, legally protectable mark under the ACPA and federal trademark law was based in part on reasoning contrary to federal trademark law and based in part on reasoning that could support the district court's conclusion.

Appellate Information

• Argued 03/09/2009
• Decided 11/16/2009
• Published 11/16/2009

Judges

• GOULD, Circuit Judge:, Before:  WILLIAM A. FLETCHER, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Derek A. Newman, Randall Moeller, and John Du Wors, Newman & Newman, Attorneys at Law, LLP, Seattle, WA, for the plaintiff-appellant.


• For Appellees:
  
• Shannon M. Jost and Aviva Kamm, Stokes Lawrence, P.S., Seattle, WA, for the defendant-appellee.