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Wednesday, August 25, 2004

Indiana courts - Two interesting Indiana-based cyberlaw cases today

"Outcome of 'cyber-squatting' case remains secret for now" is the headline to this story by Maureen Hayden in the Evansville Courier&Press today. Some quotes:

Back in April, when Evansville's largest real estate company accused an aggressive competitor of pirating its Internet domain, it launched the first federal "cyber-squatting" lawsuit in the state. The case attracted attention, in part because the law applied in the case - the Anticyberpiracy Consumer Protection Act - is only a few years old and not widely known.

But how the case has turned out is a secret, at least for now. Key documents in the case, including a contested settlement agreement, have been sealed at the request of the defendant, Evansville Realtor Janice Miller. She was accused in the suit of "squatting" on the Internet domain of FC Tucker Emge Realty Inc., with the intent of diverting her competitor's customers to her Web site.

Miller's attorneys contend that if the public found out some details of the case, Miller and her company, ERA First Advantage Realty, would suffer "irreparable" harm. But FC Tucker Emge Realty's attorney has argued the public has a right to know those details, and also contends that no settlement agreement was ever finalized. The dispute has prompted the appointment of a new judge in the case, and may even lead to public disclosure of details of the cyber-squatting claim.

Read the entire story, which concludes: "Now the case moves on to U.S. Magistrate Sue Shields of Indianapolis. According to the court docket, Shields will have to decide whether an agreement was ever reached, and if so, whether it should remain secret, and how the agreement will be enforced."

An April 10, 2004 Indiana Law Blog entry on this real estate company case is accessible here.

And for the second Indiana-based cyberlaw dispute, the headline of this South Bend Tribune story today is: "Music company claims cyberpiracy: Federal suit says ex-employees took over Web domain to offer porn." The story begins:

SOUTH BEND -- A local musical instrument dealer has filed a federal suit claiming two former employees acquired its Web domain and started an interactive pornographic site there. The suit seeks a permanent injunction and up to $100,000 in damages, saying the actions are causing injury by tarnishing a retail outlet associated with the store.

The suit was filed last week by Dennis Bamber Inc., doing business as The Woodwind & Brasswind, which is on Technology Drive. Defendants are Richard and Stephen Zapf, and a company they purportedly own, Zinc Properties of Cherry Hill, N.J. The Zapfs formerly worked for the plaintiff. They were terminated in June.

The plaintiff, DBI, also wants its old domain back. (The Tribune has chosen not to publish the address.)

I did a Google search for "Woodwind & Brasswind" and reached what must be the company's new domain name, www.wwbw.com.

Posted by Marcia Oddi on August 25, 2004 11:25 AM
Posted to Indiana Courts