In an action seeking a declaratory judgment that plaintiff's acquisition of the vericheck.com domain name did not constitute trademark infringement or cybersquatting, judgment against plaintiff is vacated and remanded where the district court's factual decision that the "VeriCheck" mark was a distinctive, legally protectable mark under the ACPA and federal trademark law was based in part on reasoning contrary to federal trademark law and based in part on reasoning that could support the district court's conclusion.
Read Lahoti v. VeriCheck, Inc., No. 08-35001
Appellate Information
Argued and Submitted March 9, 2009
Filed November 16, 2009
Judges
Opinion by Judge Gould
Counsel
For Appellant:
Derek A. Newman, Randall Moeller, and John Du Wors, Newman & Newman, Attorneys at Law, LLP, Seattle, WA
For Appellee:
Shannon M. Jost and Aviva Kamm, Stokes Lawrence, P.S., Seattle, WA
