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NextEngine Ventures LLC v. Lastar Inc.

United States District Court, Central District of California, Western Division

December 8, 2014

NEXTENGINE VENTURES, LLC, Plaintiff/Counter-Defendant,
v.
LASTAR, INC., Defendant/Counter-Claimant.

ORDER AND JUDGMENT

Terry J. Hatter, Jr. Senior United States District Judge

This case was tried by the Court sitting without a jury. The Court, having issued Findings of Fact and Conclusions of Law, now issues the following Order and Judgment:

It is Ordered that NextEngine Ventures, LLC’s [“NextEngine”] claim under Cal. Code Civ. Proc. §§ 760.010 - 764.080 be, and hereby is, Dismissed without prejudice, as the Court lacks in rem jurisdiction over the Gocables.com domain name.

It is further Ordered that the Clerk of Court shall return the Gocables.com domain name to its registrar, GoDaddy, Inc., as the domain name was erroneously deposited into the Court’s registry.

It is further Ordered, Adjudged and Decreed that Judgment be, and hereby is, Entered in favor of Defendant Lastar, Inc. [“Lastar”] on Plaintiff NextEngine reverse domain hijacking claim under 15 U.S.C. § 1114(2)(D)(iv). NextEngine shall take nothing.

It is further Ordered, Adjudged and Decreed that Judgment be, and hereby is, Entered in favor of Lastar on NextEngine’s claim for injunctive relief under 15 U.S.C. § 1114(2)(D)(v). NextEngine shall take nothing.

It is further Ordered, Adjudged and Decreed that Judgment be, and hereby is, Entered in favor of Counter-Defendant NextEngine on Counter-Claimant Lastar’s counterclaim for cybersquatting under 15 U.S.C. § 1125(d). Lastar shall take nothing.

It is further Ordered, Adjudged and Decreed that title to the Gocables.com domain name belongs to, and shall be retained by, Lastar.


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