Company has already won two UDRPs against the defendant.
What do you do after winning two UDRPs against a cybersquatter, but the cybersquatter continues to register infringing domains?
That’s the challenge LoanDepot.com is facing. It has decided to take the matter to court.
The company filed a lawsuit (pdf) in California against Moirangthem Birbanta, a man residing in India.
According to LoanDepot.com, the man uses domain names similar to LoanDepot.com to dupe people into a loan scam. The scam asks people seeking loans to load money onto gift cards in order to receive their loan.
LoanDepot.com won two UDRPs against Birbanta so far this year. Of course, there are no penalties for losing a UDRP. So it is upping the ante through the lawsuit.
It seems that the biggest challenge may be getting jurisdiction over the defendant.
John Berryhill says
“It seems that the biggest challenge may be getting jurisdiction over the defendant.”
It’s pretty clear that the defendant’s activities target victims in the United States, and that the infringement targets the plaintiff in particular. On those facts, it is unlikely that the court would raise a jurisdictional objection on its own, and the defendant is unlikely to show up for obvious reasons.
A US court judgment can be enforced in India by filing an Indian lawsuit to enforce the US judgment within three years of that judgment. There are several factors the Indian court will take into account in determining whether to enforce the US judgment, none of which seem particularly difficult on the facts here.
Anonymous says
It can take longer than three years to get an Indian court to do anything. Could be a hollow victory.
Andrew Allemann says
Thanks for the added color.
Riley says
It’s ironic when the company’s name itself looks to be a grab on the popularity of the name Home Depot. Loan Depot. Home Depot.
Tammie L Lazzara says
Too good to be true. It’s a bunch of BS. Today I received a call, and they had all my information already, speaking with accents that don’t match their ‘so-called’ names, i.e. Jennifer Smith, and Destiny. I personally haven’t met anyone in the United States with names as such unless they were strippers. Nevertheless, using the Depot as a moniker, and then attempting to validate with the Ebay card is simply a ploy. I’m so thankful everyone has posted about three people because it had saved me a ton of time, heartache and money, that of course we all need at these trying times. How dare these MFrss graze on anyone at all, much less while we struggle to stay afloat. The numbers and info I have been given and called from are as follows: 315.888.1447; 315.888.1504; 315.856.8058; US LOAN. I hope this helps others.