Oversee.net and related companies dropped from Transamerica lawsuit.
Transamerica has dismissed Moniker, Oversee.net, Domain Systems, and Moniker Privacy Services LLC from its lawsuit over alleged trademark infringement. The parties filed a Joint Stipulation for Dismissal with prejudice on December 28, 2009. Moniker also withdrew its request for sanctions under Rule 11.
This is a big win for domain name registrars. Since the beginning, Moniker claimed it was merely a registrar and was protected under the Anti-Cybersquatting Protection Act from its customers’ actions.
But Transamerica’s lawsuit continues against a number of domain registrants who used Moniker as their registrar. Tracking down these other defendants may prove difficult, as it’s unclear how many provided accurate information in whois.
Of eleven summons with results reported back to the court, only four defendants have been successfully served: SwallowLane Holdings Ltd, VirtualSky, Ron Oron, and Domain Park Ltd. SwallowLane was served in person, and the others via email. Efforts to contact seven of the defendants via email failed: Omgi Media, Net 41 Media, Jayme Young, Jan Stroh, H.W. Barnes, G.H. Wagenaars, and Domain Ventures.