Both sides in case have something to be happy (and upset) about after judge issues rulings on motions.
A federal district judge has denied motions by both the plaintiff and the defendant in a lawsuit over the failed sale of Women.com.
Done! Ventures says it made a $1 million offer for Women.com and Women.net via Sedo that was accepted by NBC Universal. After NBC Universal allegedly backed out of the deal, Done! Ventures filed a lawsuit to force the company to complete the transaction.
On Friday the Honorable S. James Otero declined motions that were filed by both parties (pdf).
The judge declined Done! Ventures’ application for a temporary restraining order and preliminary injunction over what NBC can do with the women.com domain name as the lawsuit plays out. But the judge also declined NBC Universal’s motion to dismiss the case and, alternatively, to move the lawsuit to New York.
Otero noted that neither side had proved its case enough at this point to find in favor of their motions. It’s not proven at this point whether or not a contract was actually agreed to, so the judge declined to restrict NBCU’s use of women.com. Yet at the same time NBCU hasn’t proven that a contract was not made, so the judge declined to dismiss the lawsuit. Furthermore, the judge determined that moving the lawsuit from Done!’s home state of California to New York would unfairly burden Done! Ventures with little or no benefit for related parties.