Caught up in the holidays, we missed this stunning victory by Cesar Caballero in his fight for justice with the Shingle Springs Band of Miwok
The district court previously granted summary judgment to the Tribe on those claims that Caballero infringed on their trademarks and permanently enjoined Caballero from using the marks in any way. On appeal, the 9th Circuit DISAGREES. The TRIBE did NOT meet the burden. A great example of NEVER GIVING UP...
There is no evidence in the record — not even in Caballero’s brief exchange with the Tribe’s
counsel at his deposition — that Caballero intended to profit by using the domain names involving the Tribal Marks or the domain names involving the Red Hawk Casino Mark, either in the traditional sense or as exerting pressure on the Tribe to gain an advantage in a business dispute. The Tribe therefore has failed to provide sufficient evidence on this statutory element of its claims for cybersquatting.3
Whether the parties may be permitted to supplement the record and filea dditional motions for summary judgment, as to both the trademark and cybersquatting claims, are matters that we leave to the district court’s discretion on remand.
REVERSED AND REMANDED.
See the court case here: Shingle Springs Band of MIWOK vs. Cesar Caballero