Morgan v. Nevyas [1]

On September 7, 2010, Dominic Morgan filed a request for a declaratory action stating that Drs. Herbert Nevyas and Dr. Anita Nevyas-Wallace, two Pennsylvania LASIK surgeons, were in violation of the reverse domain name hijacking provisions of the Anticybersquatting Consumer Protection Act ("ACPA") after they were awarded possession of the domain names NevyasLasik.com, HerbertNevyasLasik.com, and
AnitaNevyasLasik.com.

Morgan, a former patient of the doctors, had registered the domain names in 2009 for use with his gripe site criticizing the doctors.  Drs. Nevyas and Nevyas-Wallace were awarded the domain names on August 26, 2010, in arbitration under the Uniform Domain-Name Dispute-Resolution Policy with the National Arbitration Forum.  See Nevyas v. Morgan III [2]. 

But Morgan argued that the doctors were involved in reverse domain name hijacking in violation of the ACPA, because Morgan's use of the domain names was protected.  Morgan argued that his use was not a violation of the Lanham Act, and any claim the doctors had was barred by the First Amendment's protection of Morgan's criticism of the doctors.

On December 7, 2010, the court entered a consent order [3], wherein Drs. Nevyas and Nevyas-Wallace allowed judgment to be entered in favor of Morgan, so that he might continue to use the domains.  The doctors reserved the right to bring challenges for any future violations of the Lanham act or the Uniform Domain-Name Dispute-Resolution Policy that might occur.

The parties were previously involved in federal and state court litigation over allegedly defamatory statements made by Morgan about Drs. Nevyas and Nevyas-Wallace.  

Related case in state court: Nevyas v. Morgan [4] (state lawsuit)

Related case in federal court: Nevyas v. Morgan II [5] (federal lawsuit).