1:23-cv-02750
D.D.C.Jan 12, 2024Background
- Verizon Trademark Services LLC (Plaintiff) owns the VERIZON and VZ trademarks.
- Defendants, including VZStock.com LLC, Verizontrademarkservices.com LLC, and an individual known as Matt McMan (with aliases), registered multiple domain names and trade names that infringed on Verizon's marks.
- These domains were used in a scheme to mislead consumers, damage Verizon’s trademarks, and extort Verizon but did not resolve to active, legitimate websites.
- Plaintiff filed suit after unsuccessful attempts at service; Defendants never responded nor participated in the case.
- Plaintiff previously obtained default judgment against one defendant (VTS LLC) and now seeks similar relief against the remaining Defendants for cybersquatting and trademark infringement.
- Verizon sought $350,000 in statutory damages ($50,000 per domain) and a permanent injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal and subject matter jurisdiction | Defendants have sufficient contacts with D.C. | None (defaulted) | Jurisdiction proper |
| Cybersquatting under ACPA | Defendants’ domains are confusingly similar and registered in bad faith | None (defaulted) | Plaintiff succeeds on ACPA claim |
| Trademark infringement and false designation | Defendants used marks likely to cause confusion | None (defaulted) | Plaintiff entitled to default judgment |
| Statutory damages and permanent injunction | $50,000 per infringing domain is reasonable, and injunction needed to prevent future harm | None (defaulted) | Awarded $350,000 and permanent injunction |
Key Cases Cited
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) (sets standard for personal jurisdiction based on minimum contacts)
- Thompson Hine, LLP v. Taieb, 734 F.3d 1187 (D.C. Cir. 2013) (explains personal jurisdiction under D.C.'s long-arm statute)
- Potter v. Toei Animation Inc., 839 F. Supp. 2d 49 (D.D.C. 2012) (establishes elements of trademark infringement and likelihood of confusion)