Legal Opinion
Klumba.ua, LLC v. Klumba.com
District Court, E.D. Virginia
Decided June 8, 2018No. Case No. 1:15–cv–760Published
1Opinion of the Court
T.S. Ellis, III, United States District Judge
At issue on cross motions for summary judgment in this unusual Anti-cybersquatting Consumer Protection Act (ACPA)1 case is whether plaintiff, a Ukrainian LLC, possesses common law trademark rights in the mark "Klumba" in the United States. Plaintiff argues that the res in this case, the domain name klumba.com, infringes on plaintiff's common law trademark rights and thus violates the ACPA. Two of the four members of the plaintiff LLC, acting on behalf of the res , argue that because plaintiff has not used its mark in commerce in the United States,…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- People for the Ethical Treatment of Animals v. DoughneyCourt of Appeals for the Fourth Circuit · 2001
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