Out-Law / Your Daily Need-To-Know

A veteran of cybersquatting cases is appealing a US district court’s order against him that stops him using the domain name northernlights.com. Canadian Jeffrey Burgar was taken to court in Massachusetts by Northern Lights Technology which operates its search engine business from northernlight.com.

A preliminary injunction was imposed after Northern Light Technology successfully argued that Mr Burgar’s site amounted to cybersquatting, based on his refusal to sell the domain name. On his site, Mr Burgar offers a link to northernlight.com in addition to many other unconnected sites making reference to the words Northern Lights. There is little else on his site.

Mr Burgar says the only reason the problem ever came to light was when Northern Light Technology were alerted to it by the company’s URL being misquoted in a USA Today article. Mr Burgar has previously had success in defending allegations of cybersquatting. An arbitration panel recently upheld his right his right to use the name tammy.com to link to an adult web site when the UK company that uses the “Tammy” brand to market teenage girls clothes complained he was using the name in bad faith. He also succeeded in keeping brucespringsteen.com from the singer.

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