2014

Somewhat unusual use of the in rem provisions of ACPA. Chinese plaintiff alleges that a John Doe who also resides in China, has converted multiple domain names for (their) own use. Alleges cyber-squatting, tortious interference and conversion.

jin v 001hh com memo.pdf

var docstoc_docid=’172346200′; var docstoc_title=’jin v 001hh com memo.pdf’; var docstoc_urltitle=’jin v 001hh com

Here is a motion to dismiss to trim the affirmative defenses and counterclaims. Read the end: the motion was made without filing the required SDNY pre-motion letter. I think moving party got off light with just a tsk-tsk.

Plaintiff prevails on GALLO v EL GALLO but not v EL GALLITO. Satisfies HERB REED standard for irreparable harm at SJ.

Discussion of when and when not to apply doctrine of foreign equivalents (doctrine not necessary when marks are similar without translation).