January 18, 2011 11:49 AM | Posted by
John Watkins |
Microsoft won a victory in the United States District Court for the Western District of Washington when it denied the Defendants’ motion to dismiss in an action brought by Microsoft that alleged, among other claims, “contributory cybersquatting.”
The Anti-Cybersquatting Consumer Protection Act provides federal cause of action against a party that intentionally traffics in domain name that are confusingly similar to a protected trademark owned by another. Contributory cybersquatting is in theory a cause of action is asserted against a person who intentionally induces another to commit a violation or who knowingly provides a product to another with knowledge that it is used for a violation.
As noted by the Court in the Microsoft decision, a claim for contributory cybersquatting is not explicitly provided by statute, nor has it been addressed by a federal appellate court. Nevertheless, Judge Ricardo Martinez, relying on other district court authority, refused to dismiss the case under the facts of the case.