Litigation
Jun. 26, 2002
Court Gives Man Shot at 'Golf.TV'
LOS ANGELES - South Korean citizen Je Ho Lim, frustrated in his attempts to purchase the "Golf.TV" domain name from California-based The .TV Corporation International, will have a second chance to pursue his claims against the company, the 2nd District Court of Appeal ruled Monday.
The appellate court decided Lim had presented enough evidence of a contract with The .TV Corporation to follow up on his breach of contract claims.
The .TV Corporation, which registers domain names in the ".tv" range, held an online auction for "Golf.tv" in April and May 2000. Lim entered a bid of $1,010, and later received an e-mail from The .TV Corporation, telling him he had won the auction.
But then, Lim said he received another e-mail telling him he could not have the name, after all. Afterwards, Lim claims in his suit, the company again offered the Golf.tv name for sale, but with a minimum opening bid of $1 million.
Lim sued for breach of contract and misrepresentation, among other claims. Lim v. The .TV Corp., BC236227 (L.A. Super. Ct. filed Sept. 1, 2000). He later filed two amended complaints.
The .TV Corporation argued that Lim's amended complaints failed to show a contract for the purchase of the name had been formed, and Los Angeles Superior Court Judge Haley J. Fromholz agreed, sustaining a demurrer against Lim without leave to amend.
But the 2nd District decided that Lim had presented enough evidence that a contract had been formed between Lim and .TV Corporation, allowing him to continue with the case.
Richard Farkas, who represented Lim, said Internet contract law is rapidly evolving, but that it "really is not dramatically different from fundamental commercial law in a new context."
Mark Finkelstein, attorney for The .TV Corporation at Latham & Watkins, declined to comment on the ruling.
Katherine Gaidos
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