Sunday, December 1, 2013

Parisi v. Netlearning, Inc. case brief

Parisi v. Netlearning, Inc. case brief summary
139 F.Supp.2d 745 (2001)

Plaintiff sought a declaratory judgment under the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C.S. § 1114(2)(D) and the Federal Declaratory Judgment Act, 28 U.S.C.S. § 2201, as well as a declaration of non-infringement. Defendant moved to dismiss.

A three-member Uniform Domain-Name Dispute Resolution Policy administrative panel issued a split decision in the defendant's favor regarding the use of an internet domain name. The plaintiff filed the instant action for a declaratory judgment and declaration of non-infringement under the Lanham Act. The defendant moved to dismiss alleging that the declaratory judgment was an improper motion to vacate an arbitration award. Defendant alleged that plaintiff failed to assert any grounds cognizable under the Federal Arbitration Act,9 U.S.C.S. § 1 et seq., for setting aside the award, and the action was time-barred. The motion was denied. 


  • The mandatory administrative proceedings under the Uniform Domain-Name Dispute Resolution Policy were not arbitrations subject to the Federal Arbitration Act. 9 U.S.C.S. § 1 et seq. 
  • Therefore the FAA's restrictions on judicial review of arbitration awards did not apply to civil actions challenging UDRP panel decisions. 
  • The established procedure did not create mandatory arbitration. 
  • Because the litigants to a UDRP proceedings came to it as strangers, they were under no obligation to avail themselves of the UDRP.

Defendant's motion to dismiss was denied.

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