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Fans results a succeed against a cybersquatter.
Photo by Justin Berl/Getty Images
A federal judge ordered the transfer of the domain name to Fanatics on Monday in the most recent instance of an established athletics organization bringing a cyber squatter’s case to court.
According to U.S. District Judge David S. Leibowitz, the defendant sold counterfeit goods containing Fanatics ‘ registered trademarks. The Florida-based determine added that Fanaticcheaps “has acted with the bad-faith intention to money” from Fanatics ‘ marks and benevolence, including by registering a domain name that sounds confusingly similar to Fans and suggests the company is associated with it.
To that place, Leibowitz noted that fanaticcheaps.com is “nearly equivalent” to at least one of Fanatics ‘ marks. The term “fanaticcheaps” could persuade a customer into believing the website offers genuine Fanatics products, including jerseys, hats and other items and collectibles and—given the phrase” cheaps” appearing in the area name—at a discounted price. Visitors to the website were shown what appeared to be a Fanatics branding and another intellectual property as well as items sold for less money but were actually goods, copies, and false imitations.
Fanaticcheaps failed to answer Fans ‘ issue, which was filed earlier this year by prosecutor Stephen M. Gaffigan. The determine could solve the case quickly because the defendant had to answer before it had the opportunity to protect itself, Leibowitz noted. Fanaticcheaps is required to pay$ 2.2 million in statutory damages as well as losing the domain name and permanently prohibited from infringing Fanatics ‘ trademarks. The big sum, Leibowitz wrote, reflects the “willfulness” of Fanaticscheaps ‘ misconduct and” the warning value” of sending a text to cybersquatters that they too hazard a significant penalty.
The difficult part for Fanatics and other sports business owners who actively combat cybersquatters is that the person or persons responsible for Fanaticcheaps might be located outside the United States and successfully out of reach of American courts. Many businesses are forced to use the U.S. court system to get domain names for websites run by cybersquatters, but the criminals just move on to other cybersquatting ruses.
As for fanaticcheaps.com, a attend reveals the site has expired. The now-vanquished false e-commerce business at the center of the debate can be attributed to the same.
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