United States Ninth Circuit

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DSPT Int'l., Inc. v. Nahum, 08-55062

In an action for "cybersquatting" and trademark infringement in violation of the Lanham Act, judgment for plaintiff is affirmed where: 1) although there was no evidence of anything wrong with defendant's registration of the domain name at issue to himself, the evidence supported a verdict that defendant subsequently, years later, used the domain name to get leverage for his claim for commissions; 2) the designs used by defendant were sufficiently similar to those used by plaintiff; and 3) given the impossibility of precise measurements, the jury had sufficient tools for estimating defendant's damages, including financial statements bracketing the period of the loss and testimony that DSPT spent $31,572.72 recreating its website.

Appellate Information

  • Decided 10/27/2010
  • Published 10/27/2010

Judges

  • Andrew J. Kleinfeld

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Andres F. Quintana, John C. Gorman


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