Citation[]
Mirage Resorts, Inc. v. Cybercom Prods., 228 F.Supp.2d 1141 (D. Nev. 2002) (full-text).
Factual Background[]
Plaintiff operates a casino in Las Vegas under the federally registered trademark GOLDEN NUGGET. Defendant registered the domain name "goldennugget2000.com" and used it for a pornographic website with linked to an online casino.
Trial Court Proceedings[]
Plaintiff sued defendant for cybersquatting and obtained a preliminary injunction. In this decision, the court granted plaintiff's unopposed motion for default judgment seeking a permanent injunction, damages, and attorney's fees. The court permanently enjoined defendant from using plaintiff's trademarks, including GOLDEN NUGGET, in any form, including as domain names and metatags, and ordered the domain-name registrar to transfer the domain name to plaintiff.
Regarding damages, the court ruled that an award of $1,000 for corrective advertising was "reasonable" and that an award of $100,000 in statutory damages was "just." Finally, the court awarded plaintiff attorney's fees because defendant's infringement was deliberate and willful.
Source[]
- This page uses content from Finnegan's Internet Trademark Case Summaries. This entry is available under the Creative Commons Attribution-Share Alike License 3.0 (Unported) (CC-BY-SA).