United States Ninth Circuit

In an action alleging theft of Internet domain names, summary judgment for plaintiffs is vacated where: 1) California law applied because Virginia did not have an interest in its law applying given how the parties were situated; 2) the district court begged the factual question as to whether plaintiffs lost the domain name at issue due to theft or fraud in characterizing defendant's control of the name as a "seizure" when the circumstances of the transfer were unclear; and 3) further factual development was necessary regarding the precise circumstances through which plaintiff lost control of the domain names.

Appellate Information

• Decided 04/06/2010
• Published 04/06/2010

Judges

Court

• United States Ninth Circuit

Counsel