The plaintiff demonstrated the defaulting defendant violated the federal Anti-Cybersquatting Protection Act.
On July 24, 2018, plaintiff brought an in rem action for cybersquatting and trademark infringement against defendant FractalAnalyticsPro.com. . The clerk of court entered default on Oct. 16, 2018. Plaintiff filed a motion for default judgment the next day.
Report and Recommendation
The court has original subject matter jurisdiction, in rem jurisdiction, venue is proper and service of process was proper.
Having examined the record, the undersigned finds that the well-pleaded allegations of fact in the complaint, supported by plaintiff’s motion for default judgment and supporting brief, establish that defendant violated the federal Anti-Cybersquatting Protection Act. Accordingly, plaintiff is entitled to the relief requested in its motion, the transfer of defendant’s domain names to plaintiff.
District court order
Based on a de novo review of the evidence in this case, having reviewed the report and recommendation, it appears to the court that the magistrate judge’s report and recommendation is neither clearly erroneous nor contrary to law. Accordingly, this court affirms the findings of the magistrate judge.
Motion for default judgment granted.
Fractal Analytics Inc. v. FRACTALANALYTICSPRO.COM, Case No. 18-cv-853, Jan. 23, 2019. EDVA at Alexandria (Hilton). VLW 019-3-029. 13 pp.