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KREMEN v. COHEN

No. 01-15899.

337 F.3d 1024 (2003)

Gary KREMEN, an individual, Plaintiff-Appellant, and Online Classifieds, Inc., a Delaware Company, Plaintiff, v. Stephen Michael COHEN, an individual; Ocean Fund International, Ltd., a foreign company; Sand Man Internacional Ltd., a foreign company; Sporting Houses Management Corporation, a Nevada company; Sporting Houses of America, a Nevada company; Sporting Houses General Inc., a Nevada company; William Douglas, Sir, an individual; VP Bank (BVI) Limited, a foreign company; Andrew Keuls, an individual; Montano Properties LLC, a California Limited Liability Company; Ynata Ltd., Defendant, and Network Solutions, Inc., a Delaware company, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted July 25, 2003.

Attorney(s) appearing for the Case

James M. Wagstaffe, Kerr & Wagstaffe LLP, San Francisco, CA, argued for the appellant. Pamela Urueta and Alex K. Grab joined him on the briefs.

Kathryn E. Karcher, Gray Cary Ware & Freidenrich LLP, San Diego, CA, argued for the appellee. David Henry Dolkas and Mira A. Macias joined her on the briefs.

Professor Brian E. Gray, San Francisco, California, amicus curiae in support of the appellant.

William H. Bode, Bode & Grenier, Washington, D.C., for amicus curiae American Internet Registrants Association in support of the appellant.

Robin D. Gross, Electronic Frontier Foundation, San Francisco, California, amicus curiae in support of the appellant.

Before: KOZINSKI and McKEOWN, Circuit Judges, and FITZGERALD, District Judge.

KOZINSKI, Circuit Judge.

We decide whether Network Solutions may be liable for giving away a registrant's domain name on the basis of a forged letter.

Background

"Sex on the Internet?," they all said. "That'll never make any money." But computer-geek-turned-entrepreneur Gary Kremen knew an opportunity when he saw it. The year was 1994; domain names were free for the asking, and it would be several years yet before Henry Blodget and hordes...

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