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DSPT International, Inc. v. Nahum, No. 08-55062 (9th Cir.) (Oct. 27, 2010)

DSPT International, Inc. v. Nahum, No. 08-55062 (9th Cir.) (Oct. 27, 2010)

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Web designer's brother violates ACPA by "holding domain name hostage" in an attempt to obtain payment of allegedly unpaid commissions.
Web designer's brother violates ACPA by "holding domain name hostage" in an attempt to obtain payment of allegedly unpaid commissions.

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Published by: Venkat Balasubramani on Nov 06, 2010
Copyright:Attribution Non-commercial

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02/03/2014

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FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
 
DSPT I
NTERNATIONAL
, I
NC
., aCalifornia corporation,No. 08-55062
Plaintiff-Appellee,
D.C. No.
v.CV-06-00308-ODWL
UCKY
N
AHUM
, an individual,OPINION
 Defendant-Appellant.
Appeal from the United States District Courtfor the Central District of CaliforniaOtis D. Wright, District Judge, PresidingArgued and SubmittedMay 6, 2009—Pasadena, CaliforniaFiled October 27, 2010Before: Cynthia Holcomb Hall, Andrew J. Kleinfeld andBarry G. Silverman, Circuit Judges.Opinion by Judge Kleinfeld
17849
 
COUNSEL
Andres F. Quintana, Quintana Law Group, APC, WoodlandHills, California, for the appellant.John C. Gorman, Gorman & Miller, P.C., San Jose, Califor-nia, for the appellee.
17852DSPT I
NTERNATIONAL
v. N
AHUM
 
OPINION
KLEINFELD, Circuit Judge:We address the scope of the Anticybersquatting ConsumerProtection Act.
I. Facts
This case was tried to a jury, and the appellant challengesthe jury verdict, so we “view the evidence in the light mostfavorable to the nonmoving party . . . and draw all reasonableinferences in that party’s favor.”
1
DSPT, founded and owned by Paolo Dorigo, designs, man-ufactures, and imports men’s clothing. The company sellsclothes to between 500 and 700 retailers. It sells mostly shirts,but also some knitwear, trousers, and t-shirts. Its brand namesince 1988 had been Equilibrio. To serve a younger marketwith somewhat “trendier, tighter fitting fashion,” the companycreated the EQ brand name in 1999.At about that time, Dorigo brought his friend Lucky Nahuminto the business. Dorigo lived in Los Angeles, Nahum inRochester, New York. They decided to set up a site on whatwas then the fledgling internet, and Nahum’s brother, a hair-dresser, was doing part-time website design, so DSPT hadNahum arrange to have his brother prepare the site. The web-site, “www.eq-Italy.com” (eq for the brand, Italy for Dorigo’sand the style’s origin), was created solely for DSPT for thepurpose of showing DSPT clothes. Nahum’s brother designedthe website in consultation with Dorigo, though Nahum regis-tered the site to himself. This seemed trivial at the time, sinceNahum was working exclusively for DSPT and registrationcost only $25. Dorigo, who was not knowledgeable or inter-
1
 Josephs v. Pac. Bell
, 443 F.3d 1050, 1062 (9th Cir. 2006).
17853DSPT I
NTERNATIONAL
v. N
AHUM

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