GoDaddy Can't Recuse Judge in 'Parked Pages' Suit

LOS ANGELES — A federal judge on Monday hosed down GoDaddy's effort to have a federal judge disqualified from a cybersquatting suit worth potentially millions against the company.

U.S. District Judge Dale S. Fischer issued an oral ruling denying the hosting company's motion to disqualify U.S. District Judge Audrey Collins from the Academy of Motion Picture Arts and Sciences' suit alleging it violated the federal Anti-cybersquatting Consumer Protection Act and California business codes.

Fischer in her ruling from the bench said there was no evidence that Collins is biased for the Academy because of a number of pre-trial rulings in favor of it and because her daughter is an actress who had small parts in "Deception," "The Producers" and other films.

GoDaddy, in its motion to recuse Collins, even alleged that multiple Academy officials privately refer to her as "the Academy's judge" and that most Academy cases have been funneled into her courtroom in recent years.

Fischer in her ruling Monday said GoDaddy's motion to recuse the judge was frivolous and potentially sanctionable.

The ruling is a major setback for GoDaddy, which is trying to stave off claims that it had infringed on and deliberately appropriated more than 100 of the Academy's marks with such domain names as OscarRedCarpet.com, OscarActor.com, AcademyAwards2015.com and BillyCrystal2012Oscars.com, according to an amended lawsuit filed last month.

The suit, filed at U.S. District Court in Los Angeles, seeks a restraining order over the practice of scooping up the Academy's trademarks and appropriating them through parked pages. It also seeks $100,000 in damages for every domain allegedly poached, as well as attorneys fees.

The Academy, in response to GoDaddy' s motion to toss Collins off the case, earlier called the registrar's request "meritless and insulting" and said the motion was "strategic."

"GoDaddy’s motion, which essentially alleges that nearly 20 judges in the [U.S. District Court in Los Angeles] were 'complicit' in transferring such cases to Judge Collins, is simply outrageous," the Academy said.

The suit narrowly focuses on how GoDaddy registers and monetizes parked domains through its Parked Page Service and Cash Parking Program.

GoDaddy parks registrants' pages and places advertisements on web pages with Parked Page Service; Go Daddy is granted the right to collect and retain all revenue generated by the advertising.

The Cash Parking Program service permits domain registrants to pay a fee to allow GoDaddy through its advertising partner to place ads on the registrant's web page. The revenue generated through that advertising is then split between the registrant, GoDaddy and GoDaddy's advertising partner.

Concurrent with Fischer's ruling Monday, the Academy's attorneys also filed an opposition to a GoDaddy motion to dismiss and motion to strike some domain names from the suit.

In the filing, the Academy emphasized that the suit could spur additional litigation against Scottsdale, Ariz.-based GoDaddy.

Additional litigation could include claims possibly waged by online adult companies that find their marks being similarly poached and exploited.

"The instant action, if successful, will certainly result in the enforcement of an important right affect the public interest," the Academy said in its motion. "GoDaddy purports to be the world’s leading ICANN-accredited domain name registrar for .com, .net, .org, .info, .biz and .us domain extensions,  with over 40 million domain names under its management — more names than any other registrar.

"Further, GoDaddy and its affiliates offer their services in interstate commerce, affecting people all over the U.S. In turn, GoDaddy is harming trademark holders nationwide by monetizing domains utilizing their marks.

"If plaintiff is successful, this action will establish enforceable trademark rights of trademark owners nationwide as it related to GoDaddy’s parked page programs."

GoDaddy officials did not respond to XBIZ for comment on Tuesday.

View the Academy's opposition to GoDaddy's motion to dismiss

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups which had formerly endorsed Project 2025 — which calls for the total criminalization of adult content production and distribution — have reportedly distanced themselves from the blueprint, following Donald Trump’s claims that he disagrees with an unspecified number of its positions.

BranditScan Unveils Protection Plan for Adult Studios

BranditScan has launched a new content protection plan tailored specifically for adult studios.

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over Pornhub’s alleged failure to implement Texas’ controversial age verification requirements, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

CamSoda Launches AI Girlfriend Builder

CamSoda has debuted a personalized "AI girlfriend" feature, which allows users to create their very own virtual companion at no charge, including free NSFW role-play and chat.

Show More