West Case Update

Anticybersquatting Law Applies to Squatters, Not Registrars of Domain Names

Description Court rejected a claim by the owner of legitimate domain names that the registrar of domain names, Network Solutions, was liable for allowing cybersquatters to register domain names that may infringe on legitimate marks. The liability for squatting is on the parties who register the infringing names, not the registrar.

Topic Cyberlaw

Key Words Domain Name; Registration; Anti-cybersquatting

C A S E S U M M A R Y

Facts Lockheed is the owner of the "Skunk Works" and "Lockheed Martin" marks, which are famous and federally registered. Network Solutions, Inc. (NSI) is the principal registrar of domain names for Internet usage. NSI does not protect mark owners by refusing to register names such as "theskunkworks.net" and "lockheedmartin.org" that infringe marks. Lockheed sued NSI, contending that by registering such domain names it infringed on Lockheed marks in violation of the Anticybersquatting Consumer Protection Act of 1999.

Decision NSI incurred no cybersquatting liability by registering and maintaining domain names that allegedly infringed on Lockheed's marks. The proscription against improper domain name use is limited to the registrants of the names, so Lockheed must move to have NSI remove infringing domain names, but NSI is not liable for the registration of domain names later determined to be infringements.

Citation Lockheed Martin Corp. v. Network Solutions, Inc., 141 F.Supp.2d 648 (N.D. Tex., 2001)

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Anticybersquatting Law Applies to Squatters, Not Registrars of Domain Names
Description	Court rejected a claim by the owner of legitimate domain names that the registrar of domain names, Network Solutions, was liable for allowing cybersquatters to register domain names that may infringe on legitimate marks. The liability for squatting is on the parties who register the infringing names, not the registrar.
Topic	Cyberlaw
Key Words	Domain Name; Registration; Anti-cybersquatting
C A S E S U M M A R Y
Facts	Lockheed is the owner of the "Skunk Works" and "Lockheed Martin" marks, which are famous and federally registered. Network Solutions, Inc. (NSI) is the principal registrar of domain names for Internet usage. NSI does not protect mark owners by refusing to register names such as "theskunkworks.net" and "lockheedmartin.org" that infringe marks. Lockheed sued NSI, contending that by registering such domain names it infringed on Lockheed marks in violation of the Anticybersquatting Consumer Protection Act of 1999.
Decision	NSI incurred no cybersquatting liability by registering and maintaining domain names that allegedly infringed on Lockheed's marks. The proscription against improper domain name use is limited to the registrants of the names, so Lockheed must move to have NSI remove infringing domain names, but NSI is not liable for the registration of domain names later determined to be infringements.
Citation	Lockheed Martin Corp. v. Network Solutions, Inc., 141 F.Supp.2d 648 (N.D. Tex., 2001)