Ninth Circuit Finds Refusal To Transfer Website Domain Registered In Good Faith Can be Bad Faith “Use” For Purposes of the Anti-Cybersquatting Consumer Protection Act

In DSPT Int’l, Inc. v. Nahum, 624 F3d 1213, 97 USPQ2d 1022 (9th Cir. 2010), DSPT International, Inc. (DSPT) is a clothing designer, manufacturer and importer.  Paulo Dorigo, owner and founder of DSPT, hired Lucky Nahum, who was a friend of Dorigo, to help launch EQ, a new brand for DSPT.  Dorigo and Nahum set up a website in 1999 for EQ, and Nahum’s brother was to design and produce the website “http://www.eq-Italy.com” in order to display DSPT clothing under the EQ brand.  Nahum, who exclusively working for DSPT, registered the website domain name under his personal name, for a cost of $25 USD. Continue reading