Sumpton

JUDGMENT AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S CLAIM FOR TRADEMARK DILUTION

Defendants are “eybersquatters,” as that term has come to be commonly understood. They have registered over 12,000 internet domain names not for their own use, but rather to prevent others from using those names without defendants’ consent. Like all “eybersquatters,” defendants merely “squat” on their registered domain names until someone else comes along who wishes to use them. Like all “eybersquatters,” defendants usurp all of the accepted meanings of their domain names, so as to prevent others from using the same domain names in any of their accepted meanings. And like all “cybersquatters,” defendants seek to make a financial return by exacting a price before consenting to allow others to use the domain names on which they have chosen to “squat.”

Defendants have added two new wrinkles, by which they seek to differentiate themselves from other “eybersquatters.” Based upon these new wrinkles, defendants hope to avoid what has been the uniform outcome of decided cases involving disputes between “eybersquatters” and the holders of famous trademarks. See discussion at…