Kremen

ORDER GRANTING DEFENDANT NETWORK SOLUTION, INC.’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Defendant Network Solutions, Inc., (“NSI”) filed a motion for summary judgment and noticed it for hearing on January 24, 2000. In response, Plaintiff Gary Kre-men filed a motion pursuant to Federal Rule of Civil Procedure 56(f). The Court granted the Rule 56(f) motion in part, permitting Plaintiff to conduct further discovery and allowing the parties to submit supplemental briefing. Based upon all papers filed to date and the oral argument of counsel, the Court grants Defendant’s motion for summary judgment.

II. FACTUAL BACKGROUND

Plaintiff Gary Kremen registered the domain name sex.com with NSI on May 9, 1994. Plaintiff identified Online Classified, Inc. (“Online Classified”) as the registering organization. Plaintiff never constructed a Web site or otherwise commercially exploited the domain name. In a letter dated October 15, 1995, Sharon Dimmick, purportedly on behalf of Online Classified, informed Defendant Stephen Cohen that Online Classified had “decided to abandon the domain name sex.com” and requested that Mr. Cohen “notify the internet registration on our behalf, to delete…