Holland & Knight Wins Cybersquatting Summary Judgment for Consumers Union, Publisher of Consumer Reports
Washington, D.C. – January 27, 2011 – Holland & Knight is pleased to announce that the firm recently won a cybersquatting case on behalf of client Consumers Union of United States, Inc., the non-profit publisher of the magazine Consumer Reports. The case involved a Latvian company, Netex Galaxy, that had registered five domain names similar, but not identical to, the client's magazine title.
The team, led by Partner Tom Brooke, and included Associates Birte Hoehne, Charles McLaurin, and recently elevated Partner Steve Jeffries, all in the firm's Washington, D.C. office, brought an action under the Federal Anti-Cyber Piracy Act, legislation that Brooke helped draft 10 years ago during his service as chair of the International Trademark Association's U.S. Legislation Committee.
The opinion of U.S. District Judge Leonie M. Brinkema held that all five domain names: "consumerreport.com," "consumerreport.org," "consumersreport.com," "consumersreport.org," and "consumersreports.com" violated the anti-cybersquatting provisions of the Lanham Act and ordered Netex Galaxy to turn them over to Consumers Union. The court also granted a motion for costs and sanctions after opposing counsel failed to produce responses to discovery requests.