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GoDaddy gets injunction against alleged Whois spammers

Lawsuit moves forward with preliminary injunction ruling.

A Federal District Court judge has issued a preliminary injunction (pdf) in favor of GoDaddy against people and a company that GoDaddy says were spamming domain name registrants and pitching them on various design services. GoDaddy says that the defendants used GoDaddy’s trademarks as part of their scheme.

The injunction doesn’t come as a big surprise because a) it merely prevents the defendants from doing things that would be infringing anyway and b) the defendants deny participating in the alleged infringing activities.

The defendants in the lawsuit also filed motions to dismiss. The judge denied almost all of these motions, but GoDaddy is going to need to undertake discovery to show jurisdiction over one of the defendants who claims to be in Pakistan.

Also, the defendants have filed their response (pdf) to the lawsuit. It mostly contains denials and 23 affirmative defenses.

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  1. John Napoletano says

    I remember calling GoDaddy about an email I received last year. Rarely am I fooled, but this one that I called them about was GoDaddy’s look and feel. Glad to see they took action.

  2. RENATA BARNES says

    There is another domain registrar which shall remain nameless for now guilty of doing it. Everytime I have registered a domain with them I then get about 20 calls a day for a week from designers in India and when I ask how did they know so quickly that my domain was purchased by me they say they got it from the Public Domain?? but I think the registrar in question sells the details to them. I can’t prove it yet but I have never had any Spam callers whenever I have registered with GoDaddy but this other registrar is a nightmare.

  3. PageHowe.com says

    i remember i hit a yelp services caller head on one day, trying to sell yelp consulting and said howd you find me – he said whois, i said thats an innapropriate use. he said i was wrong because everyone does it….

    i guess thats the thing, if everyone does it no ones is accountable…
    so yes thank you godaddy for hitting this head on, my voicemail thanks you if it slows down messages

    page howe

  4. Eric Lyon says

    It’s nice to see some action taking place against spammers using whois records. That’s a tough one to manage. If ICANN makes whois private, that may solve this problem, however, it may open the door to ownership verification issues for resellers. Catch 22.

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