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 © 2024 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

Washington Post Profiles ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Examine How 'Derisking' in Banking Affects Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking in the financial services industry, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Show More