In class action alleging that NSI has unlawfully monopolized the business of registering Internet domain names and unconstitutionally levied taxes and fees from registrants, Judge Thomas F. Hogan found Plaintiffs entitled to summary judgment on their claim that NSI's Preservation Assessment is an illegal tax, but granted no preliminary injunction, owing to failure to show irreparable injury, and dismissed all other claims, for failure to show a likelihood of success on the merits and failure to state a claim upon which relief can be granted. Dismissing charges that NSI is an illegal monopoly, the court found that NSI is immune from such a claim under the federal instrumentality doctrine.
Opinion at http://www.aira.org/legal/jh3.html
Keywords: consumer affairs, tax, domain names, antitrust
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