Moniker to (Again) Request Sanctions Against Transamerica
Friday, September 4th, 2009
Moniker plans to file another request for sanctions against Transamerica.
Moniker has notified the U.S. District Court for the Southern District of Florida that it plans to file another request for sanctions under Rule 11.
Transamerica first filed suit against Moniker and many other defendants a couple months ago for cybersquatting. The complaint had many flaws that showed that Transamerica’s lawyers didn’t understand the domain name system.
Last month Moniker requested Rule 11 sanctions against Transamerica. Rule 11 sanctions basically say that the party that filed the lawsuit “failed to investigate the basic facts, or makes false statements of facts which they should have known through reasonable investigation were untrue,” according to attorney Enrico Schaefer of Traverse Legal.
Transamerica responded with an amended complaint that fundamentally changed the allegations of the lawsuit. The company no longer suggested that Moniker owned the domain names in question, but instead that Moniker enabled the alleged cybersquatters to hide their identities.
According to a court filing (pdf) added to the docket today, Moniker is now asking for another extension so it can file a motion to dismiss the case and it will be filing another request for Rule 11 sanctions.
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