Reginaldo 3 See also 4A Charles A. After extensive discovery and a bench trial, the district court found bad faith intent to profit on the part of Harrods BA with respect to the remaining 54 Domain Names and ordered that those names be transferred to Harrods UK. If we had only these facts, we would be hesitant to rely on the Capuro report as an indicator of Harrods BA’s intent. Harrods UK responded that even if, for example, Harrods BA had some sort of presumptive right to register and use harrodsbuenosaires, it could not intentionally use that name to try to deceive non-South American customers searching for Harrods UK.

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The final issue we must consider before reaching the question of bad faith is the scope of the in rem provision of the ACPA, 15 U. Cassio Mazzochi Molin We realize that it is possible to get the impression from reading subsection d 2 A ii that the in rem action is available only for subsection d 1 violations.

The owner of a mark may register that mark with the PTO.

Ultimately, we conclude that the district court did not err in holding that Harrods BA registered the 54 Names in bad faith, but the court did err in granting summary judgment to the six Argentina Names before Harrods UK had an adequate opportunity for discovery.

Harrods BA has a legitimate right to use the Harrods name, albeit in a limited geographic area. The district court properly found this factor favored the Domain Names because Harrods BA never provided false or misleading contact information.

Thus, standing alone, the fact that a company named Harrods of Buenos Aires with trademark rights in the name feltacom registers hundreds of Harrods-related domain names does not indicate bad faith. Before we deal with the issue of bad faith registration, we must consider several other issues raised by the parties.

The initial complaint did not allege bad faith registration on the part of Harrods BA. The district court was thus fully informed about why Harrods UK was requesting the normal time to conduct deltafom, and the absence of a Rule 56 f affidavit did not figure in the court’s decision to grant early summary judgment to the six Argentina Names. Thus, it cannot plausibly claim that British consumers would be aware of its identity as a separate entity from Harrods UK and not confuse the two.

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Sixty Internet Domain Names, F.

All in all, it is fair to draw the inference that the report reflects Harrods BA’s intent with regard to the domain names. The “Harrods” logo on the webpage illustration is not the distinct “Harrods” logo used by Harrods BA; instead, it is identical to the script logo long used by Harrods UK.

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Moreover, Virginia’s interest in not permitting foreign companies to use rights emanating from, and facilities located in, its territory to infringe U. In this case, although Harrods UK did advise the district weh-302 that it needed discovery, it did not file a Rule 56 f affidavit. It is not surprising that concurrent users of a shared mark would resort to litigation under the detacom enacted ACPA in an attempt to gain through the courts what they failed to obtain by speedy registration.

Sunil 59 1 1. A more difficult problem, one not presented in this case, is created when a concurrent mark user registers a domain name incorporating the shared mark with the intent only to use the domain name within its limited deltavom area, but the registrant’s site is nonetheless accessed by users outside the permissible geographic area. The report included an illustration of a transaction occurring through the proposed Harrods Web302 website. For a useful glossary of Internet and domain name terminology, see http: Neither British court ruled on the passing off claim because that claim was withdrawn by Deltzcom UK on the condition that Harrods BA limit its business to South America.

In sum, because Harrods BA is a concurrent user of the mark “Harrods,” its registration of Harrods-related domain names nominally satisfies Factor Deltcom because Harrods BA registered multiple names identical or confusingly similar to the marks of others.

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As noted above, the nine factors from subsection d 1 B i are not exclusive, so we may consider other factors that are relevant given the particular facts of this case. In deltacok like these, many of the bad faith factors under the ACPA will have been triggered; for example, the first registrant may have offered to sell the disputed names to its competitor Factor VIand one or both of the companies may have registered many, perhaps even hundreds, of domain names incorporating the shared mark of the competitor Factors VIII and IX.

For example, Delta Airline’s registration of delta. But the legislative history of the ACPA shows that Congress recognized the legitimacy of concurrent uses of trademarks.

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This evidence failed to create a genuine issue of material fact on the question of bad faith intent sufficient to withstand summary judgment for the six Argentina Names. None of the solicited parties agreed to invest based on the Capuro report, and Harrods BA decided to seek a new business plan wweb-302 another consultant.

Authorities 45 This opinion cites: As a result, it would be unfair to penalize Harrods UK for failing to file the formal affidavit called for by the rule. Harrods BA executives testified that sometime in they also began planning to launch a Harrods store on the Internet.

Sign up using Email and Password. The Congressional Record’s section-by-section analysis of the ACPA states wen-302 Factor VI “does not suggest that a court should consider the mere offer to sell a domain name to a mark owner It is not wrong, however, for a business to seek to profit from the sale of its legitimate assets.

Suppose you have a bookmark to ” http: