Tuesday, July 3, 2012

Traverse Internet Law Federal Court Report: June 2012 - Domain Name Dispute Lawsuits


The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


BOX ACQUISITIONS, LLC v. BOX PACKAGING PRODUCTS, LLC, ET AL.
NORTHERN DISTRICT OF ILLINOIS
1:12-CV-04021
FILED: 05/23/2012

Keep in mind that a single act of cybersquatting carries with it an award of attorneys’ fees that you have spent plus liquidated damages up to $100,000.00 per domain name.  If you have a competitor that is infringing on your trademark, either a registered trademark or a common-law trademark that you may have acquired over time, then it may be very economically worthwhile to pursue the matter.  Oftentimes these are settled without the necessity of a lawsuit.

The Plaintiff claims that it owns “Box Packaging” and “Box Partners” as registered trademarks.  The Defendants are alleged to have acquired domain names containing these phrases for purposes of competing against the Plaintiff. 

The Plaintiff alleges false domain name registration, trademark infringement, unfair competition, false designation of origin, cybersquatting, deceptive trade practices, and consumer fraud.  The prayer for relief requests the entry of preliminary and permanent injunctions enjoining Defendants from further infringement.  The prayer for relief also requests the transfer of the subject domain names, and the reimbursement of exemplary damages, costs for this action, reasonable attorneys’ fees and disbursements, and statutory damages in the amount of $100,000.00 per infringing domain name.  Traverse Internet Law Cross Reference Number 1565.