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

Filing 25

Mail Returned as Undeliverable. Mail sent to Oleg Nevzorov. Order/Document #22, Default Judgment/Document #23. (nhall)

OFFICE OF
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EASTERN DISTRICT OF VIRGINIA
40i COURTHOUSE SQUARE

ALEXANDRIA, VIRGINIA 22314-5798
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Oleg Nevzorov
Molotova-23

Moscow, 7789966, Russian Federation

* Case 1:11-cv-00409-LMB -JFA Document 22

IN THE UNITED

Filed 12/06/11 Page 1 of 4 PagelD# 543

STATES DISTRICT COURT

FOR THE

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

ENTREPRENEUR MEDIA,

^l
DEC-5

INC.,

Plaintiff,

1:11CV409(LMB/JFA)

v.

SEATTLEENTREPRENEUR.COM

and

AUSTINENTREPRENEUR.COM,
Defendants.

ORDER

Before the Court are Proposed Findings of Fact and

Recommendations ("Report") issued by a magistrate judge on
November 3, 2011 [Dkt. No. 21].

The Report recommended that

plaintiff's Motion for Entry of Default Judgment [Dkt. No. 14]
be granted and that Verisign, Inc., 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

Case 1:11 -cv-00409-LMB -JFA Document 22

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

Filed 12/06/11

Page 2 of 4 PagelD# 544

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).

* Case 1:11 -cv-00409-LMB -JFA Document22

Filed 12/06/11 Page 3 of 4 PagelD#545

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.

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

Mot. 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

" Case 1:11-cv-00409-LMB-JFA Document 22

Filed 12/06/11 Page 4 of 4 PagelD# 546

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 [phone], 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, Russian Federation.

Entered this C>

day of December, 2011.

Alexandria, Virginia

M
Leonie M. Brinkema

United States District Judge

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—Case Participants: Walter Dekalb Kelley, Jr ([e-mail]), Edwin Louis Fountain
(elfountainijonesday.com), Tara Lynn Renee Zurawski (azitoijonesday.com,
jrorinaijonesday.com, lwheatleyijonesday.com, mafinkelsteinijonesday.com,

pdentonijonesday.com, tzurawskiijonesday.com), Lucy Jewett Wheatley (lwheatleyijonesday.com),
District Judge Leonie M. Brinkema (beth_richardsivaed.uscourts.gov,

judgebrinkemaivaed.uscourts.gov, kirstino'connorivaed.uscourts.gov,

lmb_chambersivaed.uscourts.gov, maragassmannivaed.uscourts.gov,
yolanda_guytonivaed.uscourts.gov). Magistrate Judge John F. Anderson
(jfachambersivaed.uscourts.gov, johnandersonivaed.uscourts.gov,
joshuacumbyivaed.uscourts.gov)
—Non Case Participants:
—No Notice Sent:

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Subject:Activity in Case 1:ll-cv-00409-LMB -JFAVAED Entrepreneur Media, Inc. v.
SEATTLEENTREPRENEUR.COM et al Order Adopting Report and Recommendations

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U.S. District Court

Eastern District of Virginia •
Notice of Electronic Filing

The following transaction was entered on 12/6/2011 at 12:11 PM EST and filed on 12/6/2011
Case Name:
Entrepreneur Media, Inc. v. SEATTLEENTREPRENEUR.COM et al
Case Number:

l:ll-cv-00409-LMB -JFA

Filer:
Document Number: 22

Docket Text:

ORDER. The Court has reviewed the Report, plaintiff's motion, and the case file and adopts the Report in

its entirety. Accordingly, plaintiffs 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 <austJnentrepreneur.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)

l:ll-cv-00409-LMB -JFA Notice has been electronically mailed to:
Edwin Louis Fountain

[e-mail]

Lucy Jewett Wheatley

[e-mail]

Tara Lynn Renee Zurawski [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]
Walter Dekalb Kelley , Jr

[e-mail]

l:ll-cv-00409-LMB -JFA Notice has been delivered by other means to:

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The following document(s) arc associated with this transaction:
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Original filenamc:n/a
Electronic document Stamp:

[STAMP dcecfSlamp ID=1091796605 [Date=12/6/2011] [FileNumber=3664277-0

][9c0591604cle7934lla05ca8079408a7aaff6217fl9b51147840fc56eldl70563ef
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Case 1:11-cv-00409-LMB -JFA Document 23

Filed 12/06/11

Page 1 of 1 PagelD# 547

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
>L i—

11
ENTREPRENEUR MEDIA, INC.

—

0ED-rfi-oii

)

Plaintiff(s)

)
)

)
SEATTLEENTREPRENEUR.COM and
AUSTINENTREPRENEUR.COM

Defendant(s)

Civil Action No. I:llcv409

)
)
)

)

DEFAULT JUDGMENT

A default having been entered against the defendants) and counsel for the plaintiff(s)
having requested judgment against the defaulted defendant(s) and having filed a proper
declaration, all in accordance with Rule 55 of the Federal Rules of Civil Procedure; it is

ORDERED and ADJUDGED that VeriSign, Inc., the registry of domain names

<seattleentrepreneur.com> and austinentrepreneur.com> (the"Infringing Domain Names")
require the current registrar to transfer the registrations for such domain names to plaintiff,
Entrepreneur Media, Inc.

Dated at Alexandria, Virginia, this 6lh day of December, 2011.
FERNANDO GALINDO,
CLERK

BY

; -yp-fti.^
Deputy Clerk

---

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—Case Participants: Edwin Louis Fountain (elfountainijonesday.com), Walter Dekalb Kelley, Jr
(wdkelleyijonesday.com), Lucy Jewett wheatley (lwheatleyijonesday.com), Tara Lynn Renee
Zurawski (azitoijonesday.com, jrorinaijonesday.com, lwheatleyijonesday.com,

mafinkelsteinijonesday.com, pdentonijonesday.com, tzurawskiijonesday.com), Magistrate Judge
John F. Anderson (jfa_chambersivaed.uscourts.gov, john_andersonivaed.uscourts.gov,

joshua_cumbyivaed.uscourts.gov), District Judge Leonie M. Brinkema
(bethrichardsivaed.uscourts.gov, judgebrinkemaivaed.uscourts.gov,
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Subject:Activity in Case 1:ll-cv-00409-LMB -JFAVAED Entrepreneur Media, Inc. v.
SEATTLEENTREPRENEUR.COM et al Default Judgment

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U.S. District Court

Eastern District of Virginia •
Notice of Electronic Filing

The following transaction was entered on 12/6/2011 at 12:14 PM EST and filed on 12/6/2011
Case Name:
Entrepreneur Media, Inc. v. SEATTLEENTREPRENEUR.COM et al
Case Number:

l:ll-cv-00409-LMB-JFA

Filer:

WARNING: CASE CLOSED on 12/06/2011
Document Number: 23

Docket Text:

DEFAULT JUDGMENT against AUSTINENTPRENEUR.COM, SEATTLEENTREPRENEUR.COM.(Entered By
Clerk Pursuant ot FRCP 55). (nhall)

l:ll-cv-00409-LMB -JFA Notice has been electronically mailed to:

Edwin Louis Fountain

[e-mail]

Lucy Jewett Wheatley

[e-mail]

Tara Lynn Renee Zurawski [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]

Walter Dekalb Kelley , Jr

[e-mail]

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