Logourl black
From our private database of 13,800+ case briefs...

Kremen v. Cohen Network Solution, Inc.

United States Court of Appeals for the Ninth Circuit
337 F. 3d 1024 (2003)


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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Kozinski, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 166,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.