Ninth Circuit Kills Contributory ACPA Cybersquatting Doctrine–Petronas v. GoDaddy
11 12 2013A domain name registrant transferred the petronastower.net and petronastowers.net domain names into GoDaddy and used GoDaddy’s name forwarding service to direct them to (NSFW) canfunchat.com. Petronas asked GoDaddy to turn over the domain names to Petronas. GoDaddy declined. Petronas sued, and after conducting limited discovery, the district court dismissed the case.
On appeal, the Ninth Circuit considered whether the Anti-Cybersquatting Consumer Protection Act (ACPA) provides for a cause of action for contributory cybersquatting. A few district court cases had said such a cause of action is available, albeit in “exceptional circumstances” (see the Shah and Namecheap rulings). The Ninth Circuit flatly says the ACPA does not provide for contributory liability. The court gives two reasons for its conclusion.
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