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Argued April 3, Of course, redirects are a poor choice for this In the case of legitimate concurrent users, Factor VIII does not reliably indicate anything about the bad faith or lack thereof of the domain name registrant. Finally, we turn to consider the district court’s grant of summary judgment to the six Argentina Names. CubeJockey 2, 7 18 Because ample evidence supports the district court’s determination under Factor V that Harrods BA intended to use the “Harrods” name to divert Harrods UK’s customers, the evidence also supports the court’s conclusion that Harrods BA intended to use these Domain Names to improperly leverage a higher price from Harrods UK.

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Here, for example, Harrods UK registered “harrods. Authorities 45 This opinion cites: Ultimately, we do reverse the district court’s grant of summary judgment to the six Argentina Names and remand for further proceedings.

We note that the issue of whether domain names constitute a form of property for the purpose of in rem jurisdiction is dealt with in Porsche Cars North Am. Wdb-302 Notes edit none. As the district court noted when it granted summary judgment to the Argentina Names, there are important differences between the two sets of names. Such header will be read by the user agent and then perform the redirection: It tells the browse reading a page to go somewhere else and load another page.

For the reasons set out in more detail below, we affirm the district court’s judgment against the 54 Domain Names. Nevertheless, the fact that Harrods BA shared the report with potential partners and investors demonstrates that the report, including the webpage illustration inside, fairly represents Harrods BA’s own intentions.

See Virtual Works, Inc. If the only way to understand the phrase “a person who would have been a defendant in a civil seb-302 under paragraph 1 ” was as a reference to subsection d 1 ‘s bad faith requirement, we would be forced to confront the tension between this language deltaco subsection d 2 A i ‘s broad language of “any right of the owner of a mark.


All the counties and cities using this code deltacpm into the Eastern Time Zone. Whenever a decades-old company seeks to launch an online retail store, there will likely be a startup period after domain name registration during which the company does not use the domain name to offer goods and services online.

This is how the status code is defined in the RFC The wrb-302 severs 7 counties: We acknowledge that the clear and convincing evidence standard has been applied in certain cases involving fraudulent or bad faith conduct.

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Delracom example, the district court explained that “anyone looking at [the six Argentina Names] is going to understand that they are linked with South America. The use of an identical mark by two different companies is sometimes allowed in trademark law under the concept of “concurrent use.

See also Lippi v.

Demi 4, 7 30 Domain names consist of sections of alpha-numeric characters separated by periods, called “dots. Harrods BA’s initial ownership of the Names is conceded, but the cause of action is related to Harrods BA’s rights and duties arising out of that ownership.

We realize wsb-302 it is possible to get the impression from reading subsection d 2 A ii delhacom the in rem action is available only for subsection d 1 violations.

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Here, we have not been asked to conclusively determine the legitimacy and scope of Harrods BA’s rights in the name “Harrods” throughout South America. Both sides now appeal. The Domain Names also argue that domain names do not constitute a form of property over which in rem jurisdiction can be exercised. This reading of the language describing the general purpose of the ACPA is trumped, however, by the language Congress used when wen-302 discussed the deltscom of subsection d 2 specifically.


If the registrant in this situation is deemed to violate the other user’s trademark, then it is unclear how territorial concurrent users of a mark can maintain an Internet presence using their mark. Again, the Argentina Names are harrodsbuenosaires. CubeJockey 2, 7 18 While subsection d 2 A ii provides that the in rem action is available only if the plaintiff is unable to find or obtain personal jurisdiction over the “person who would have been a defendant in a civil action under paragraph 1 ,” we believe this language is best understood as a shorthand reference to the current registrant of the domain name, who would be the defendant in any trademark action involving a domain name.

While it is the use of a mark, not its registration, that confers trademark protection, Brittingham, F.

This is true, however, for all concurrent users of marks who register domain names incorporating their marks. As explained above, the district court granted summary judgment to the six Argentina Names prior to any meaningful discovery. In its memorandum opposing Harrods BA’s motion for summary judgment, Harrods UK argued that “[f]urther evidence of bad faith is uniquely in the possession of defendants, and Harrods [UK] will need to seek and obtain discovery, which is only beginning, before it can present further evidence on bad faith and other issues.