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Property Law Keyed to Cribbet
Kremen v. Cohen Network Solution, Inc.
Facts
In 1994, Plaintiff Kremen (“Kremen”) obtained the domain name “sex.com” from the Defendant, domain name registrar Network Solution, Inc. (“NSI”). Because the internet had not yet gained mass popularity as a vehicle for commercial profit, obtaining domain names at that time was free. At the time, NSI had a government cooperative agreement with the National Science Foundation making NSI the .com registrar. Kremen registered the domain name to his business, Online Classifieds, and listed himself as the contact. Con man Stephen Cohen (“Cohen”) desired to obtain the name sex.com for himself, so he sent a forged letter to NSI claiming that Online Classifieds had been forced to dismiss Kremen and that the company wished to abandon the domain name sex.com. NSI made no attempt to contact Kremen and instead transferred the domain name to Cohen, who went on to turn sex.com into a lucrative online porn empire. Kremen sued Cohen seeking return of the domain name and disgorgement of profits. The district court ruled in Kremen’s favor, but due to Cohen’s cunning, leaving the country, and other judgments on his property, Kremen was unable to located Cohen or collect on his judgment. Accordingly, he sued NSI instead.
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