The Anticybersquatting Consumer Protection Act, § 43(d) of the Lanham Act, 15 U.S.C. § 1125(d), provides: “A person shall be liable . . . by the owner of a mark . . . if . . . that person . . . has a bad faith intent to profit from that mark . . .; and . . . registers, traffics in, or uses a domain name that . . . is identical or confusingly similar to that mark.” Id. § 1125(d)(1)(A). In this case, the District Court granted Jysk Bed’N Linen an injunction requiring Monosij Dutta-Roy to transfer to Jysk four domain names he had registered in his own name. The court also granted Jysk’s motion for summary judgment on Dutta-Roy’s counterclaims. Dutta-Roy appeals these two decisions pursuant to 28 U.S.C. § 1291 as if, together, they constitute a final judgment in the case. They do not because still pending resolution in the District Court are claims Jysk brought against Dutta-Roy under §§ 43(a) and (c) of the Lanham Act, 15 U.S.C. §§ 1125(a) and (c), and state law. Although we lack jurisdiction to entertain Dutta-Roy’s appeal under § 1291, we have jurisdiction under 28 U.S.C. § 1292(a)(1) to review the District Court’s injunction. 3 Exercising that jurisdiction, we find no merit in Dutta-Roy’s challenges to the injunction and therefore affirm.
by Gehrke & Associates, SC
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