Problematic Decision re PHILBRICKSPORTS.COM

1 03 2009

Plaintiff, Daniel Philbrick, or affiliated companies or predecessors in interest operate various businesses in the sports field under the name PHILBRICK’S SPORTS or variants thereof, since 1983. He used the domain name PHILBRICKSSPORTS.COM and others. Defendant eNom (a registar) obtained the domain name PHILBRICKSPORTS.COM (one S) and several others, and ran keyword ads relating to sports. It is not quite clear how eNom obtained all the names and why it didn’t transfer them to plaintiff (the decision indicated that at some point it deactivated the names in order to transfer them to plaintiff, but didn’t).

Plaintiff brought, inter alia, an ACPA cause. Defendant eNom prevailed at summary judgment, as the judge held that plaintiff failed to prove secondary meaning in the mark PHILBRICK’S SPORTS.


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