Namecheap Inc v. Amecheap.com et al, No. 2:2012cv03868 - Document 32 (C.D. Cal. 2013)
Court Description: JUDGMENT by Judge Gary A. Feess. The Court, pursuant to Plaintiff Namecheap, Inc.'s ("Namechea;") Motion for Default Judgment, against the following thirty (30) defendants: (1) NAME-CHEAP.COM; (2) NAMCHEAP.NET; (3) NAMECHAEP.COM; (4) NAMECHAP.COM; (5) NAMECHEP.COM; (6) NAMCHEAP.COM; (7) NAMECHEA.COM; (8) NAECHEAP.COM; (9) NAMEHCEAP.COM; (10) NAMECEAP.COM; (11) NMECHEAP.COM; (12) MAMECHEAP.COM; (13) NAMECEHAP.COM; (14) NAMECNEAP.COM; (15) NAMECHEEP.COM; (16) NAMECHESP.COM; (17) NA MMECHEAP.COM; (18) NAMEECHEAP.COM; (19) NAAMECHEAP.COM; (20) NAMECHEEAP.COM; (21) NAMECHEAPP.COM; (22) NMAECHEAP.COM; (23) NAMECHEAAP.COM; (24) NAMESCHEAP.US; (25) NAMECHEAP.BIZ; (26) NAMESCHEAP.BIZ (Infringing Domains:); as well as named registrants (27) ZHENG HUA; (28) DUAN XIANG WANG; (29) XUEMING FENG; and (3) NORMAN STAFFORD ("Default Persons") (collectively, Default Persons and Infringing Domains shall be referred to as "Defendants") hereby ORDERS, ADJUDICATES and DECRE ES that final judgment, including permanent injunction, shall be and hereby is entered on the First Amended Complaint in the above-referenced matter as follows: Pursuant to 15 U.S.C. 1117(d), Namecheap is awarded $50,000.00 per Infringing Domain against each registrant who has registered any of the twenty-six (26) Infringing Domains, for statutory damages in the total amount of $1,300,000.00 (MD JS-6, Case Terminated). (bp)
Download PDF
<![CDATA[
Namecheap Inc v. Amecheap.com et al Doc. 32 JS-6 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 NAMECHEAP, INC., a Delaware corporation, 13 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDGMENT Plaintiff, 14 15 CASE NO.: 2:12-cv-03868-GAF-(FFMx) vs. AMECHEAP.COM, NAMECHEEP.COM, ANMECHEAP.COM, NAMEXHEAP.COM, NAMECHESP.COM, NAMECHEAPL.COM, NAME-CHEAP.COM, NAMEDCHEAP.COM, NNAMECHEAP.COM, NAMCHEAP.NET, NAME4CHEAP.COM, NAMECHAEP.COM, NAMECHAP.COM, NAMECHEP.COM, NAMESCHEAP.INFO, NAMMECHEAP.COM, NAMEECHEAP.COM, NAAMECHEAP.COM, NAMECHEEAP.COM, NAMECHEAPP.COM, NMAECHEAP.COM, NAMECHEAAP.COM, NAMWCHEAP.COM, NAMECHEAPS.INFO, JUDGMENT Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NAMCHEAP.COM, NAMECHEA.COM, NAMECHEA.COM, NAECHEAP.COM, NAMESCHEAP.US, NAMECHEAP.BIZ, NAMESCHEAP.BIZ, NAMECNEAP.COM, NAMEHCEAP.COM, NAMECEAP.COM, NMECHAP.COM, MAMECHEAP.COM, NAMECEHAP.COM, VALENTIJN BORSTLAP, an individual [DOE 47], XING AN HE, an individual [DOE 48], ZHENG HUA, an individual [DOE 49], JOHN COLLINS, an individual [DOE 50], DUAN XIANG WANG, an individual [DOE 51], XUEMING FENG, an individual [DOE 52], NORMAN STAFFORD, an individual [DOE 53] and DOES 54 through 200, Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDGMENT 1 JUDGMENT 2 The Court, pursuant to Plaintiff Namecheap, Inc.’s (“Namecheap”) 3 Motion for Default Judgment, against the following thirty (30) defendants: (1) 4 NAME-CHEAP.COM; (2) NAMCHEAP.NET; (3)NAMECHAEP.COM; (4) 5 NAMECHAP.COM; (5) NAMECHEP.COM; (6) NAMCHEAP.COM; (7) 6 NAMECHEA.COM; (8) NAECHEAP.COM; (9) NAMEHCEAP.COM; (10) 7 NAMECEAP.COM; (11) NMECHEAP.COM; (12) MAMECHEAP.COM; (13) 8 NAMECEHAP.COM; (14) NAMECNEAP.COM; (15) NAMECHEEP.COM; (16) 9 NAMECHESP.COM; (17) NAMMECHEAP.COM; (18) NAMEECHEAP.COM; 10 (19) NAAMECHEAP.COM; (20) NAMECHEEAP.COM; (21) 11 NAMECHEAPP.COM; (22) NMAECHEAP.COM; (23) NAMECHEAAP.COM; 12 (24) NAMESCHEAP.US; (25) NAMECHEAP.BIZ; (26) NAMESCHEAP.BIZ 13 (“Infringing Domains”); as well as named registrants (27) ZHENG HUA; (28) 14 DUAN XIANG WANG; (29) XUEMING FENG; and (30) NORMAN STAFFORD 15 (“Default Persons”) (collectively, Default Persons and Infringing Domains shall be 16 referred to as “Defendants”) hereby ORDERS, ADJUDICATES and DECREES that 17 final judgment, including permanent injunction, shall be and hereby is entered on 18 the First Amended Complaint in the above-referenced matter as follows: 19 Damages 20 1. Pursuant to 15 U.S.C. §1117(d), Namecheap is awarded $50,000.00 per 21 Infringing Domain against each registrant who has registered any of the twenty-six 22 (26) Infringing Domains, for statutory damages in the total amount of 23 $1,300,000.00. 24 Injunctive Relief 25 1. Pursuant to 15 U.S.C. § 1125(d)(1)(C) and 15 U.S.C. § 1116 the Court 26 ORDERS each of the Defendants as well as any registrars, registries or domain 27 name authorities, including but not limited to Verisign and ICANN, to transfer each 28 of the Infringing Domains in their possession or control to Namecheap. 1 JUDGMENT 1 2. The Court further ORDERS that Default Defendants and their agents, 2 servants, employees, attorneys, affiliates, distributors, successors, assigns, and any 3 other persons acting in concert or in participation with Default Defendants, 4 including Default Persons, are now and forever enjoined from: 5 1. Registering, using, trafficking in, or benefiting from Internet domain 6 names that incorporate the NAMECHEAP mark or incorporate 7 words, numbers, or symbols that, collectively or in isolation, are 8 confusingly similar to the NAMECHEAP mark; and 9 2. Knowingly providing services to any person or entity who registers, 10 uses, traffics in, or benefits from Internet domain names that 11 incorporate the NAMECHEAP mark or incorporate words, 12 numbers, or symbols that, collectively or in isolation, are 13 confusingly similar to the NAMECHEAP mark; and 14 3. Using the NAMECHEAP mark or any confusingly similar marks in 15 advertisements or otherwise in commerce in any manner likely to 16 confuse consumers as to the association, affiliation, endorsement, or 17 sponsorship of Namecheap; and 18 19 20 4. Engaging in any infringing acts involving the NAMECHEAP mark or other Namecheap marks; and 5. Misusing or abusing Namecheap’s website and services in any way, 21 including but not limited to violating Namecheap’s Terms and 22 Conditions and Acceptable Use Policy; and 23 6. Accessing or attempting to access Namecheap’s computers, 24 computer systems, computer network, computer programs, or data 25 without authorization or in excess of authorization; and 26 7. Engaging in any unlawful, misleading, deceptive, or malicious 27 activities directed at or relating to Namecheap’s website, 28 Namecheap’s services, Namecheap users, or potential Namecheap 2 JUDGMENT 1 users; and 2 8. Interfering in any way with Namecheap’s business; and 3 9. Inducing, encouraging, causing, materially contributing to, or aiding 4 and abetting any other person or entity to do the acts described in 5 (1) to (8), above; and 6 10. Using or accessing Namecheap’s website and services in any way, 7 including via codes or scripts designed to access Namecheap’s 8 website or services in an automated manner. For the avoidance of 9 doubt, the effect of this clause is to ban Default Persons from any 10 and all uses of Namecheap’s website and services. 11 12 IT IS SO ORDERED. 13 14 15 16 17 Dated: January 16, 2013 ________________________________ Hon. Gary Allen Feess United States DistrictJudge 18 19 20 21 22 23 24 25 26 27 28 3 JUDGMENT
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
