直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

INCONTESTABLE® Blog

Whether Solicitation of Funds Amounts to a Bad Faith Intent to Profit Is an Issue of Fact; Court Denies Summary Judgment in ACPA Case

March 04, 2015

Authored and Edited by Eleanor Atkins

A Florida federal court recently denied summary judgment to a plaintiff seeking recovery of multiple domain names bearing his name, finding that a genuine issue of material fact existed as to whether the defendant had a bad faith intent to profit in violation of the Anticybersquatting Consumer Protection Act (ACPA). See Pronman v. Styles, No. 12-80674, 2015 U.S. Dist. LEXIS 373 (S.D. Fla. Jan. 5, 2015).

The dispute began when defendant and classic car enthusiast, Brian Styles, allegedly lost $84,000 after attempting to purchase a 1969 ½ Super Bee vehicle from plaintiff Gary Pronman. After wiring the money as requested, Styles claimed he never received the car, or his money back. Angered by what he alleged was fraud, Styles created the website www.garypronman.com to warn other car collectors about his experience. The website also requested donations to fund a lawsuit against the plaintiff and allowed visitors to pay via credit card, although Styles never actually received any payments.

Pronman sued under ACPA and moved for summary judgment, arguing that the website’s credit card payment mechanism evidenced Styles’ bad faith intent to profit from the domain name. In response, Styles claimed that the request for donations was merely satirical and that he had no bad faith intent to profit.

Citing the Eleventh Circuit’s opinion in Chanel Inc. v. Italian Activewear of Florida Inc., 931 F.2d 1472 (11th Cir. 1991), the court denied summary judgment on the ground that the determination of whether a defendant has a bad faith intent to profit is factual. Among other things, the claim that the request for donations was satirical was inconsistent with the fact that the website was actually set up to receive payments. This inconsistency was sufficient to create a factual issue regarding intent.

Tags

Anti-Cybersquatting Consumer Protection Act (ACPA), summary judgment

Copyright © 2015 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Conference

IAM Live: Navigating the UPC 2026

November 3, 2026

Paris

Conference

4th Global Patent Litigation FORUM

October 29, 2026

Munich

Conference

2026 AIPLA Annual Meeting

October 29-31, 2026

Washington, DC

Hybrid Conference

Intellectual Property Law Institute 2026 – California

October 19-20, 2026

San Francisco

Conference

31st Annual UMass Chan Research Retreat

October 14-15, 2026

Worcester

Hybrid Conference

Intellectual Property Law Institute 2026 – New York

September 28-29, 2026

New York

Conference

2026 IPO Annual Meeting

September 27-29, 2026

Toronto

Conference

13th Annual Summit for Women Leaders in Life Sciences Law

July 29-30, 2026

Boston

Webinar

U.S. Patent Case Law Update 2026

July 23, 2026

Webinar

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP