Bycer & Marion achieved a Top 50 Ranking in Oppedahl’s 2024 National Trademark Rankings

Ninth Circuit Court of Appeals affirms ruling in TRX.com cybersquatting case

In a significant legal victory, Bycer & Marion successfully represented domain owner Loo Tze Ming in a high-profile cybersquatting dispute over the domain name TRX.com. The Ninth Circuit Court of Appeals affirmed the district court's dismissal of the claims brought by JFXD TRX ACQ LLC, who alleged violations under the Anticybersquatting Consumer Protection Act (ACPA). The court ruled that because the domain name TRX.com was originally registered in 1999—well before the plaintiffs acquired any trademark rights—its ACPA claim was without merit.

Bycer & Marion secured not only a dismissal of the case for failure to state a claim, but also an award of attorney’s fees for its client, as the court deemed the case “exceptional” under the ACPA. The Ninth Circuit emphasized that the relevant date for assessing ACPA liability is the original domain registration, not the date of a subsequent acquisition. This clear affirmation by the appellate court solidifies critical protections for domain owners who act in good faith.

This case reaffirms the importance of understanding the interplay between domain registration history and trademark rights. Bycer & Marion is proud to have achieved a decisive result on behalf of its client, and remains committed to defending legitimate domain ownership against unjustified legal challenges in cybersquatting and trademark disputes.