Judge Vacates Order Holding PIR In Contempt, Leaves Door Open For “Aiding and Abetting” ChargeJune 28, 2011
In yet another turn in our ongoing coverage of the North Face counterfeiting case, The Public Interest Registry is no longer being held in contempt for resolving domains associated with the counterfeiters’ websites. The Judge agreed with the PIR’s analysis regarding the court’s authority to hold in contempt a nonparty for which there was no in personam jurisdiction:
“Public Interest Registry cannot be held in contempt of my December 2 or December 20 orders for having failed to do what I lacked the authority to require it to do in the first instance.”
However, it’s not all gravy. In his order, the Judge notes that the Plaintiffs may “if they wish, renew their motion to make clear that the scope of the permanent injunction against defendants applies to Public Interest Registry for aiding and abetting, and participating, in defendants’ unlawful activities.”
So this case has turned, potentially, into a criminal “aiding and abetting” case. As of time of writing, the counterfeit domains still do not resolve. Guess we’ll have to see what the Plaintiffs decide to do next.