SEPTEMBER 2010

Bosh Turns Over to NBPA Remaining Athlete and Celebrity Domains Awarded in Lawsuit

Winston & Strawn LLP, on behalf of its client, the Miami Heat’s Chris Bosh, in concert with Bosh’s agent, Henry Thomas, and the National Basketball Players Association, today announce that the NBPA agreed to assume management of hundreds of domains awarded to Bosh for continued return.  Domains already returned include those identical to members of Charlotte Bobcats, Chicago Bulls, Indiana Pacers, Phoenix Suns, Orlando Magic, New York Knicks, Milwaukee Bucks, Houston Rockets, Detroit Pistons and many others.

“Acquiring the portfolio of domains is a continuation of the NBPA’s efforts to protect the rights of our players and maintain the integrity of their image and likeness,” said an NBPA spokesperson.  “I want to thank the NBPA for agreeing to continue what I started – the return of domains without cost or obligation to those whose names were cybersquatted,” said Bosh.

In a landmark decision in 2009, Bosh, via his law firm, Winston & Strawn, sought recovery of chrisbosh.com from a cybersquatter who owned nearly 800 domains that were identical to the names of various athletes and celebrities. The cybersquatter had used the names as part of a scheme to generate revenue, but had no actual association to Bosh or any of the other cybersquatted names.  The Court awarded Bosh chrisbosh.com, as well as a monetary judgment under Federal cybersquatting law.  After the cybersquatter attempted to circumvent the Court’s order and refused to pay the monetary judgment, Bosh requested the Court transfer the domains in partial satisfaction of the judgment, and offered to return the domains without obligation.

At Bosh’s request, Brian Heidelberger, the Winston & Strawn partner representing Bosh in this matter, and Winston associate Marc Trachtenberg, spent 11 months administering Bosh’s offer to return the approximately 600 domains that were transferred (the rest expired prior to the judge’s order).  During this time, at his own cost, Bosh paid to avoid the expiration of all the domains.  Ultimately, Bosh returned a significant number of domains to all those who could prove that they had legitimate claims.  Among the domains Bosh returned are those to the NBA's Tyrus Thomas - Charlotte Bobcats, Luol Deng - Chicago Bulls, Danny Granger - Indiana Pacers, Darren Collison - Indiana Pacers, Tyler Hansborough - Indiana Pacers, Jared Dudley - Phoenix Suns, J.J. Redick - Orlando Magic and Chris Duhon - Orlando Magic.

Given that the majority of domains were identical to basketball players, NBPA and Bosh agreed that it was best for NBPA to undertake future return of the domains.

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