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ARTICLE · 12 SEPTEMBER 2012

Vizer v. VIZERNEWS.COM, 2012 WL 2367130 (D.D.C. June 22, 2012)

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Plaintiff Marius Vizer is a prominent judo personality living in Hungary.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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This article previously appeared in Incontestable Trademark Newsletter - Summer 2012.

CASE SUMMARY

FACTS

Plaintiff Marius Vizer is a prominent judo personality living in Hungary.  An unknown individual registered the domain name vizernews.com and launched a website featuring Vizer's name, photograph, and news and information about Vizer.  Unable to identify the person or entity responsible for registering the domain name, Vizer filed an in rem action in the District Court in Washingtion, DC, under the Anticybersquatting Consumer Protection Act ("ACPA"), claiming bad-faith domain name registration. Vizer selected the jurisdiction based upon ICANN's maintenance of an office in the District.  When no defendant appeared in court, Vizer moved for default judgment.  The district court denied the default motion and dismissed the case, holding that ICANN, the organization responsible for managing the Internet domain name system, which "links user-friendly names . . .

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