9th Circuit Hears Cybersquatting Case Against GoDaddy

SAN FRANCISCO — An appeals court panel yesterday heard the novel claim of "contributory cybersquatting" brought against GoDaddy.com by a Malaysian national oil company after traffic to domain names that included the company's trademark was redirected to a porn site.

Petronas, formally known as Petroliam Nasional Berhad, appealed to the 9th U.S. Circuit Court of Appeals after a lower court granted summary judgment to the domain registrar, which was sued for monetary damages and attorney fees for cybersquatting, or at least a claim of contributory cybersquatting.

In its suit, Petronas said it complained to GoDaddy over two websites, PetronasTower.net and PetronasTowers.net, that were alleged to have cybersquatted on its name. But it was not until Petronas obtained two separate court orders that GoDaddy stopped forwarding traffic for those domains to CamFunChat.com.

The appeals court previously ruled in a 1999 case, Lockheed vs. Network Solutions, which decided that domain name registrars are immune from liability for cybersquatting.

But Petronas' counsel argued to the appellate panel that the case covers only domain name registration — not the forwarding service at issue where multiple domains are redirected to a single website. Registration is different from domain name forwarding, Petronas counsel Perry Clark told the panel.

But GoDaddy attorney John Slafsky said there's no distinction between the two and imposing liability would cause extreme disruption to current Internet systems and processes. With more than 200 million domain names, registrars can't police every trademark dispute, GoDaddy states.

Slafsky also argued to the panel that the Anti-Cybersquatting Consumer Protection Act of 1999 doesn't say anything about contributory infringement,

"No appellate court has ever recognized such a claim," he said. "To the extent such a claim exists, and we don't know that it does, there is no basis in this record for such a claim."

GoDaddy's position all along is that Petronas should direct its complaints for damages to the operator of CamFunChat.

With more than 200 million domain names in the world, registrars like GoDaddy can't police every trademark dispute, the company says.

The 9th Circuit panel said they would take both sides' arguments under submission.

An audio recording of yesterday's hearing at the 9th Circuit is available here.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Hentaied Founder Romero 'Mr. Alien' on Fetish, Fantasy and Finding Order in Chaos

A sharp sting pierces the woman’s skin. Something foreign slips beneath the surface. Eggs, maybe. She doesn’t know it yet, but soon her body will become a vessel, a hive, a source of contamination.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

The Guardian Devotes Feature Article to XBIZ Amsterdam

British newspaper The Guardian sent a reporter to cover XBIZ Amsterdam earlier this month, resulting in a lengthy article about the annual European adult industry conference.

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Tackle Online Censorship in Virtual Seminar

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Show More