Print PDF

Plaintiffs filed suit against defendant, alleging trademark infringement and cybersquatting under the ACPA. Plaintiffs sought a default judgment after defendant’s failure to appear, requesting (1) statutory damages under the ACPA;     (2) attorney’s fees and costs; (3) an injunction prohibiting defendant from using plaintiff’s trademarks “Something Greek,” “United Greek,” and “United Greeks”; and (4) transfer of the five domain names at issue—“unitedgreek.com,” “somethinggreek.com,” “unitedgreeks.com,” “united-greeks.com,” and “united-greek.com”—to plaintiffs.  The court held that while defendant’s default is a “concession of all well-pleaded allegations of liability,” it is not “an admission of damages.”  The court distinguished the requested statutory penalties from a request for actual damages or lost profits, however, as a determination of the latter two would require an evidentiary proceeding.  The court granted $10,000 in statutory damages ($2,000 for each of the five domain names) and ordered defendant to transfer the domain names to plaintiffs.  The court also awarded plaintiffs $5,950 in attorney’s fees, finding that defendant’s default “sufficiently demonstrates the willful cyberpiracy” of plaintiffs’ marks.