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Intellectual Property

Southern Co. v. Dauben Inc., 2009 U.S. App. LEXIS 7993 (5th Cir. Tex. Apr. 15, 2009)

In a suit brought pursuant to the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C.S. § 1125(d), Dauben Inc. appealed a judgment from the U.S. District Court for the Northern District of Texas, Dallas, entering a preliminary injunction barring it from, inter alia, registering, transferring, trafficking, using, or maintaining the domain names of plaintiff company. Southern Co. held an incontestable registered mark, i.e., a registered domain name consisting of its proper name. Dauben Inc. held 635,000 registered domain names, including the two that were challenged, which were linked to a pay-per-click advertising website. The court vacated the district court's order granting a preliminary injunction, but did not remand for further proceedings..
 
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