Lim v. The.TV Corp. Int'l, 99 Cal.App.4th 684 (2002);

385 Words2 Pages
Facts of the case are registration of the name Golf.tv was offered for auction from the website of The TV Corporation International .TV Corporation International intended to transfer the Golf.tv domain name to the person or entity that submitted the highest bid. TV Corporation International had claimed that the auction for TV names would be fair and open. Lim made a bid for $1,010 and that was the highest bid received by The TV Corporation International. The TV Corporation International confirmed the bid by sending an e-mail to highest bidder , which was the plantiff Lim. He authorized the charging of his credit card, The TV Corporation International charged the credit card. Subsequently, The TV Corporation International tried to avoid handing over the domain name to Lim using several pretexts like there was an e-mail error, the minimum bid amount had not been bid for and other such reasons. Issues of Law being raised are accepting to bid on the online auction and paying through the credit card the sum requested by the seller, is there an enforceable contract? Can the seller be sued for breach of contract? Procedural history is the trial court dismissed the case because the court held that since the domain offered and the one accepted were "different' there was no contract formed. The plaintiff went in for appeal at the appellate court in California and the judgment was overturned because the plaintiff proved his case. Holdings. Legal Reasoning of the court was that the auction for the domain name "Golf.tv" was an offer by The TV Corporation International and was accepted by the bid of Lim. Since the offer was accepted in the exact terms in which it was offered there was a contract formed selling the registration rights to Lim. The defendant had claimed that the auction was only an advertisement; however, an advertisement could constitute an

More about Lim v. The.TV Corp. Int'l, 99 Cal.App.4th 684 (2002);

Open Document