Greenberg Gross LLP v. GreenbergGrossLLP.com

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Greenberg Gross LLP, No. CV-25-01176-PHX-MTL 10 Plaintiff, ORDER v. GreenbergGrossLLP.com, 13 Defendant.

15 Before the Court is Plaintiff’s Ex Parte Application for an Order Waiving Service by Publication and Directing Entry of Default (Doc. 25). Plaintiff requests an order from the Court waiving the publication requirement imposed by 15 U.S.C. § 1125(d)(2)(A)(ii)(II)(bb). (Id.) Plaintiff also asks the Court to direct the Clerk of Court to enter default as to in rem Defendant <GreenbergGrossLLP.com> domain name.

20 (Id.) 21 I.

22 Plaintiff must “publish[] notice of the action as the court may direct.”

23 15 U.S.C. § 1125(d)(2)(A)(ii)(II)(bb). The statutory text is “permissive” and “grants the Court discretion to waive publication.” Ent. USA Inc. v. Baldinsky, 641 F. Supp. 3d 794, 799-800 (D. Ariz. 2022). In Baldinsky, the court found: 26 Where . . . [a] registrant of a domain name has concealed his or her identity by registering the domain name under a fictitious name and has made himself or herself impossible to find by listing an inaccurate postal address and phone 28 number, and possibly an inaccurate email address as well, and there is no I way to know the city or even the country in which he or she might reside, 2 there is simply no manner of publication that reasonably could be expected to reach the registrant. Impossibility is reason enough for the Court to decline 3 to direct publication.

41) 7d. at 800-01.

IL.

7 The present case presents similar circumstances to Baldinsky. Here, the registrants, across three different countries, have concealed their identities. The Court therefore adopts the same finding as the Baldinsky court. That is, effective notice by publication is 10 impossible. The Court will waive’ the publication requirement under 15 U.S.C. § 1125(d)(2)(A) Gi) (bb).

D The Court also finds that, based on Plaintiffs diligent efforts to provide notice to 13 the registrants via mail and email (Doc. 25 at 7-8), Plaintiff has satisfied 15 U.S.C. § □□□□□□□□□□□□□□□□□□□□□□□ Because Plaintiff has complied with the service 15 provisions of the Anti-Cybersquatting Consumer Protection Act, the Court will direct the 16 Clerk of Clerk to enter default as to the Defendant domain name.

Ii.

12 IT IS ORDERED that Plaintiff's application (Doc. 25) is GRANTED. The Court 19 waives the requirement in 15 U.S.C. § 1125(d)(2)(A)Gi)CD(bb), so Plaintiff need not 50 effectuate service via publication.

IT IS FURTHER ORDERED that the Clerk of Court is directed to enter default 59 as to in rem Defendant <GreenbergGrossLLP.com> domain name.

53 IT IS FINALLY ORDERED that Plaintiff's Ex Parte Motion for Extension of Time to Effectuate Service of Process (Doc. 27) is DENIED as moot.

55 Dated this 12th day of February, 2026.

26 WM Chal T. burgle 27 Michael T. Liburdi 28 United States District Judge -2-