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Internet Trademark Case Summaries

Weber-Stephen Prods. Co. v. Armitage Hardware and Bldg. Supply, Inc.

54 U.S.P.Q.2d 1766 (N.D. Ill. 2000)

Just one day after filing an administrative complaint under ICANN's Uniform Dispute Resolution Policy, plaintiff filed this civil action asserting claims of cybersquatting under the ACPA and trademark infringement.  Defendant filed a motion to stay this action pending the ICANN action and to declare the ICANN administrative decision nonbinding on this court, or—if binding—to stay the ICANN action pending the district court's decision in this action.  The court held that decisions in ICANN administrative proceedings were not binding on the court but declined to determine what degree of deference (if any) would be given to the ICANN decision or to articulate the standard by which the court would review it.  Accordingly, because other avenues of recourse were available to both parties after the ICANN decision, the court declined to stay the ICANN proceeding and instead stayed this action pending the outcome of the ICANN proceeding.