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NewYorkNewYork.com Decision: Owner Loses Domain Name + $101,000 Judgment

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The domain name NewYorkNewYork.com appears to be a completely generic geographic domain name, since New York City is known as New York, New York. However, New York New York Hotel & Casino in Las Vegas had a major issue with the usage of the domain name, a hotel booking engine that allegedly had its photo on the homepage at one point, and they filed a lawsuit in November of 2009.

The Las Vegas Sun has reported that the lawsuit was won by this MGM Resorts-owned hotel/casino, and the penalty is pretty severe for the domain owner. A $101,000 judgment was issued for violating the Anti Cybersquatting Consumer Protection Act (ACPA), and the domain name is now owned by New  York  New  York  Hotel  &  Casino,  LLC, although it currently resolves to a Network Solutions under construction page for me for some reason.

The ACPA calls for penalties of up to $100,000 per domain name that is in violation. This is harsh for two reasons. First, the owner probably didn't make nearly that much money over the course of his ownership, → Read More


Owner of NewYorkNewYork.com Sued

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The   owner of the domain name NewYorkNewYork.com has been sued by New York-New York Hotel & Casino, LLC for trademark infringement, cybersquatting, unfair competition, trademark dilution, and other related complaints. The lawsuit, which can be downloaded from the Las Vegas Sun website (pdf download), was filed in the state of Nevada on November 6, 2009.

In the lawsuit, the plaintiffs have alleged that,

"Recently, Plaintiff learned that the Infringing Domain Name has been linked to a website that prominently features the NEW YORK NEW YORK LAS VEGAS HOTEL & CASINO trademark (the "Infringing Website"). Specifically, the NEW YORKNEW YORK LAS VEGAS HOTEL & CASINO mark appears in the banner of the Infringing Website, next to a graphic of Plaintiff's New York- New York Hotel. The Infringing Website does not include a disclaimer explaining that it has no affiliation with Plaintiff. When Internet users click on the banner, they are redirected to a website enabling them to book hotel reservations at Plaintiff's New York-New York Hotel."
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