Entrepreneur Media, Inc. v. SEATTLEENTREPRENEUR.COM et al

Filing 22

ORDER. The Court has reviewed the Report, plaintiff's motion, and the case file and adopts the Report in its entirety. Accordingly, plaintiff's Motion for Entry of Default Judgment [Dkt. No. 14] is GRANTED and it is hereby ORDERED that VeriSIgn, Inc., as the operator of the registry of the <seattleentrepreneur.com> and <austinentrepreneur.com> domain names (the "Infringing Domain Names"), directly or through the current registrar of such domain names, GoDaddy.com, Inc., (1) immediately transfer the Infringing Domain Names. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 12/5/11. (nhall)

IN THE UNITED

STATES DISTRICT COURT

FOR THE

EASTERN DISTRICT OF VIRGINIA
i

Alexandria Division

ENTREPRENEUR MEDIA,

DEC-5

INC.,

Plaintiff,
l:llcv409(LMB/JFA)

v.

SEATTLEENTREPRENEUR.COM

and

AUSTINENTREPRENEUR.COM,
Defendants.

ORDER

Before the Court are Proposed Findings of Fact and

Recommendations ("Report")
November 3, 2011

issued by a magistrate judge on

[Dkt. No. 21].

The Report recommended that

plaintiff's Motion for Entry of Default Judgment
be granted and that Verisign,

Inc.,

[Dkt. No. 14]

the registry of domain names

<seattleentrepreneur.com> and <austinentrepreneur.com>

(the

"Infringing Domain Names") be ordered to require the current
registrar to transfer the registrations for such domain names to

plaintiff,

Entrepreneur Media,

Inc.

Report at 11.

The parties

were advised that any objections to the Report must be filed

within 14 days and that failure to file a timely objection
waives the right to appeal the substance of the Report and any

judgment based upon the Report.
party has filed an objection.

As of December 4, 2011, no
The Court has reviewed the

Report, plaintiff's motion, and the case file and adopts the
Report in its entirety.
Plaintiff brings an in rem action under the

Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. §

1125(d).

Accordingly, the Court has subject matter jurisdiction

over this action pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§
1331 and 1338(a).

Venue is proper under the ACPA because

Verisign, Inc., the domain name registry, is located in this
district.

15 U.S.C.

§§ 1125(d)(2)(A) and (C).

The court has in rem jurisdiction over the Infringing
Domain Names pursuant to 15 U.S.C. § 1125(d)(2)(A).

Under this

provision, a court in the judicial district in which the domain
name registry is located has in rem jurisdiction if "the domain

name violates any right of the owner of a mark registered in the
Patent and Trademark Office"

and the owner of the mark "is not

able to obtain in personam jurisdiction over a person who would
have been a defendant in a civil action" under the ACPA or

"through due diligence was not able to find a person who would
have been a defendant" after sending notice of the claimed

violation and the owner's intent to file suit to the registrant.
15 U.S.C.

§ 1125(d)(2)(A).

Both requirements for in rem jurisdiction are satisfied

here.

First, plaintiff is the owner of the "Entrepreneur"

trademarks and service marks ("Entrepreneur Marks"), which have

been registered with the Patent and Trademark Office. Compl. M
12-13.

Plaintiff alleges that the registration and use of the

defendant domain names infringes its rights in its marks.

Second, the registrant of the Infringing Domain Names, Oleg
Nevzorov, resides in Russia and does not appear to have contacts

with the United States sufficient to subject him to personal
jurisdiction.
Mot.

See Compl. Ex. A; Mem. of Law in Supp. of PL's

for Entry of Default J. at 7 ("PL's Mem.").

The magistrate judge also correctly determined that the

Entrepreneur Marks are distinctive, that the Infringing Domain
Names are confusingly similar to these marks, and that the

domain names were registered and used with "bad faith intent to
profit" from plaintiff's marks.

See 15 U.S.C.

§ 1125(d)(1)(A).

The Court therefore finds that the registrant's registration and
use of the domain names constitute a

violation of the ACPA.

Accordingly, plaintiff's Motion for Entry of Default Judgment

[Dkt. No. 14] is GRANTED and it is hereby
ORDERED that Verisign, Inc., as the operator of the
registry of the <seattleentrepreneur.com> and

<austinentrepreneur.com> domain names (the "Infringing Domain
Names"), directly or through the current registrar of such

domain names, GoDaddy.com, Inc., (1) immediately transfer the

Infringing Domain Names from their current registrant, Oleg
Nevzorov, to plaintiff Entrepreneur Media, Inc., located at 2445
McCabe Way, Suite 400, Irvine, California 92614;

(2) in

connection with the aforementioned transfers, change the
identity of the Administrative and Technical Contact for the
Infringing Domain Names from Nevzorov to Michael Frazier

(MF92215), Entrepreneur Media, Inc., 2445 McCabe Way, Suite 400,
Irvine, California 92614, United States,

[e-mail], telephone number (94 9) 261-2325, and
fax number [phone]; and (3) take such other and further

actions as necessary, in order to transfer to plaintiff all

rights, title, and interest in and to the Infringing Domain
Names, including registration and full control thereof.

The Clerk is directed to enter final judgment in
plaintiff's favor pursuant to Fed. R. Civ. P. 55 and to forward

copies of this Order to counsel of record, and the registrant,
Oleg Nevzorov, Molotova-23, Moscow, 7789966,

Entered this

O

Russian Federation.

day of December, 2011.

Alexandria, Virginia
Leonie M. Brinkema

United StatesDistrict Judge