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DSPT Int'l, Inc. v. Nahum

United States Court of Appeals for the Ninth Circuit
624 F.3d 1213 (2010)


Paolo Dorigo owned DSPT International, Inc. (plaintiff), a design and manufacturing company that created men’s Italian-style clothing and operated under the brand name “EQ.” When the internet was emerging Dorigo had an employee, Lucky Nahum (defendant), arrange for a website to be created under the domain name “www.eq-Italy.com.” Nahum registered the site in his own name. Over time the site became the main access point through which DSPT offered and customers purchased its products. Nahum eventually left DSPT following a dispute with Dorigo over commissions to work for a competitor. After this, the eq-Italy’s website content disappeared, and if the domain name was entered the only information that appeared was Nahum’s personal email address. DSPT’s method of doing business was essentially crippled and the company’s sales suffered drastically as a result. DSPT sued Nahum for cybersquatting under the Lanham Act. A jury held for DSPT, and Nahum appealed.

Rule of Law


Holding and Reasoning (Kleinfeld, J.)

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