Judge states lawsuit over outside.com domain name can continue

Judge denies motions to dismiss in cybersquatting lawsuit.

A U.S. District judge has denied motions to dismiss a cybersquatting lawsuit over the domain name outside.com.

Outside Interactive, a sports and outdoor media firm, sued the owner of outside.com last year in an effort to get the domain name.

It’s the firm’s second attempt to acquire the domain through legal means.

In 2006, the firm’s predecessor-in-interest filed a cybersquatting complaint with World Intellectual Property Organization. That complaint was denied.

Joshua Bolin, an Austin man, purchased the domain name sometime following the failed UDRP. Outside Interactive sued Bolin and his banker, Westlake Securities,  for cybersquatting and other claims.

The firm stated that, in addition to contacting the firm to try to sell the domain, the parties set up an infringing website.

Bolin and Westlake Securities filed motions to dismiss, and yesterday, the judge denied those motions (PDF).

Bolin argued that the court didn’t have personal jurisdiction over him.

Westlake Securities argued that Outside did not plausibly allege that Westlake intentionally induced Bolin to infringe on the trademark or exercised control of Bolin’s means of infringement, and that Bolin did not infringe on Outside’s trademark and therefore there can be no contributory infringement on Westlake’s part.

With the motions to dismiss out of the way, the lawsuit can now proceed.