Randazza v. Cox

920 F. Supp. 2d 1151, 2013 WL 371928, 2013 U.S. Dist. LEXIS 4555
CourtDistrict Court, D. Nevada
DecidedJanuary 11, 2013
DocketCase No. 2:12-cv-02040-GMN-PAL
StatusPublished
Cited by3 cases

This text of 920 F. Supp. 2d 1151 (Randazza v. Cox) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Randazza v. Cox, 920 F. Supp. 2d 1151, 2013 WL 371928, 2013 U.S. Dist. LEXIS 4555 (D. Nev. 2013).

Opinion

[1154]*1154ORDER

GLORIA M. NAVARRO, District Judge.

Pending before the Court is the Motion for Preliminary Injunction (ECF # 2) filed by Plaintiffs Marc J. Randazza, Jennifer Randazza, and Natalia Randazza (collectively, “Plaintiffs”). Also before the Court are Defendant Cox’s Motion for Judges and Clerks to Sign a Conflict of Interest Disclosure (ECF # 19), Defendant Cox’s Motion for Judge Gloria Navarro’s Recusal (ECF #20), and Plaintiffs’ Motion to Strike Defendant Cox’s Fugitive Surreply to Motion for Preliminary Injunction (ECF #31).

I.BACKGROUND

The Complaint brought before the Court involves Plaintiffs’ claims that Defendants registered no less than thirty-two Internet domain names (“Domain Names”) that incorporate all or part of Plaintiffs’ personal names. Plaintiff Marc Randazza is the managing partner of Marc J. Randazza PA, d/b/a Randazza Legal Group, {See Id. at Ex. 4) and also provides legal commentary for various media organizations {See Id. at Ex. 3, 5; Randazza Decl. ¶ 5). Plaintiff Jennifer Randazza is Plaintiff Marc Randazza’s wife, and Natalia Randazza is their four-year-old daughter. Defendant Crystal Cox (“Cox”), registered the Domain Names at issue in this case, some of which were listed under proxy, Defendant Eliot Bernstein (“Bernstein”) (collectively, “Defendants”). Defendants allegedly registered the Domain Names at issue in this case through registrar Godaddy.com and through Google’s Blogspot service between December 10, 2011 and September 20, 2012:

1. <marcrandazza.com>
2. <marcrandazza.me>
3. <marcjrandazza.com>
4. <fuckmarcrandazza.com>
5. <marcjohnrandazza.com>
6. < marcrandazzasucks.com >
7. <marcrandazzaisalyingasshole.com>
8. <marcrandazza.biz>
9. <marcrandazza.info>
10. <marcrandazza.mobi>
11. <marcrandazzaparody.com>
12. <exposemarcrandazza.eom>
13. <randazzalegalgroupsucks.com>
14. <trollmarcrandazza.com>
15. <hypocritemarcrandazza.com>
16. < crystalcoxmarcrandazza.com>
17. cmarcj ohnrandazza.blogspot.com >
18. crandazzalegalgroup.blogspot.com>
19. cmarcrandazzaviolatedmylegalrights.blogspot.com>
20. <markrandazza.blogspot.com>
21. <marcrandazza.blogspot.com>
22. <jenniferrandazza.blogspot.com>
23. <marcrandazzafreespeeeh.blogspot.com >
24. cmarcrandazzaegomaniac.blogspot.com >
25. cmarejrandazza-lawyer.blogspot.com>
26. <marc-randazza.blogspot.com>
27. cmarcrandazzawomensrights.blogspot.com>
28. cmarcrandazza-asshole.blogspot.com>
29. <marcrandazzatips.blogspot.com>
30. cmarcrandazzaabovethelaw.blogspot.com >
31. cmarcrandazzaliedaboutcrystalcox.blogspot.eom>
32. < j anellerandazza.blogspot.com >;

On January 16, 2012, Cox sent an email to Plaintiff Marc Randazza stating that she [1155]*1155had purchased his personal name as a domain name. (See Id. at Ex. 8). She then offered Plaintiff her “reputation management services” and asked if he or anyone else would be interested in purchasing these services. (Id.). At the time of the filing of the Complaint, Cox used the websites for her “investigative blogging” or as GoDaddy “domain park” pages, which display a variety of pay-per-cliek advertisements. (Id. at Ex. 11.) Randazza responded to Cox that she had “no right to register a domain name that corresponds to” his real name. (Id.) Randazza also requested that Cox transfer the rights to <marcrandazza.com> to Randazza. (Id.) Cox did not transfer the Domain Names, and, ultimately, she advertised on her blog that the Domain Name cmarcrandazza.me> was for sale for $5 million. (See id. at Ex. 13.)

After Defendants refused to transfer the Domain Names and to cease their infringing activity, Plaintiffs filed a complaint in this Court alleging six causes of action: (1) Violation of Individual Cyberpiracy Protections under 15 U.S.C. § 8131; (2) Cybersquatting under 15 U.S.C. § 1125(d); (3) Right of Publicity under Nevada Revised Statute 597.810; (4) Common Law Right of Publicity; (5) Common Law Right of Intrusion Upon Seclusion; and (6) Civil Conspiracy. Plaintiffs also filed the instant motion pursuant to Rule 65 of the Federal Rules of Civil Procedure for a preliminary injunction barring Defendants from using the Domain Names. For the reasons discussed below, Plaintiffs’ Motion for Preliminary Injunction (ECF No. 2) is GRANTED.

II. LEGAL STANDARD REGARDING PRELIMINARY INJUNCTIONS

Rule 65 of the Federal Rules of Civil Procedure governs preliminary injunctions and temporary restraining orders, and requires that a motion for temporary restraining order include “specific facts in an affidavit or a verified complaint [that] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition,” as well as written certification from the movant’s attorney stating “any efforts made to give notice and the reasons why it should not be required.” Fed.R.Civ.P. 65(b). A party seeking injunctive relief under Fed. R.Civ.P. 65 must demonstrate irreparable harm, meaning that “money damages alone will not suffice to restore the moving party to its rightful position.” Clark Pacific v. Krump Constr., Inc., 942 F.Supp. 1324, 1346 (D.Nev.1996).

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Cite This Page — Counsel Stack

Bluebook (online)
920 F. Supp. 2d 1151, 2013 WL 371928, 2013 U.S. Dist. LEXIS 4555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randazza-v-cox-nvd-2013.