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Kremen v. Cohen

337 F.3d 1024 (2003)

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Kremen v. Cohen

United States Court of Appeals for the Ninth Circuit

337 F.3d 1024 (2003)

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Facts

Kremen (plaintiff) created a business entity called Online Classifieds and, in the name of Online Classifieds, registered the internet domain name “sex.com” with domain registrar Network Solutions. Cohen (defendant), a convicted con artist, recognized the profit potential of the domain name and sent a forged letter to Network Solutions informing that Online Classifieds wished to relinquish ownership of the sex.com domain name. After Network Solutions deleted the registration, Cohen acquired the domain name and went on to form a profitable internet pornography enterprise. Kremen filed suit against Cohen seeking to reacquire the domain name and Cohen’s ill-gotten profits. The district court ruled in Kremen’s favor, but Kremen had no real success executing the judgment against Cohen. As an alternative, Kremen initiated a lawsuit against Network Solutions that included a tort claim of conversion. The district court awarded summary judgment in favor of Network Solutions on all of Kremen’s claims. Kremen appealed.

Rule of Law

Issue

Holding and Reasoning (Kozinski, J.)

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