Friday, March 19, 2010

Traverse Internet Law Federal Court Report: February 2010 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.


RETROSPECS & CO. – AUTHENTIC EARLY AMERICAN EYEWEAR v. RETROSPECS, U.K., ET AL.
CENTRAL DISTRICT OF CALIFORNIA (LOS ANGELES)
2:10-CV-01336
FILED: 2/23/2010

The important point to note is that the U.S. Plaintiff claims that the U.K. Defendants have progressively encroached into the United States with their business dealings. As the global economy develops, there will be more instances of clashing and conflicting trademarks. Remember that most trademarks receive protection only in the geographic areas in which they are used. If you are a small U.K. retailer, you launch a website, and start shipping into the United States, you are now doing business in the United States and may be infringing on the trademark of a U.S. company.

RetroSpecs & Co is a California corporation involved in the sale of antique eyewear including eyeglass frames and sunglasses. RetroSpecs U.K is organized under the laws of the United Kingdom involved in the business of selling “vintage” eyewear as a competitor of the Plaintiff. The Defendant is using the “RetroSpecs” name in its domain name.

Plaintiff alleges trademark infringement and unfair competition and requests actual damages, an accounting of profits, injunctive relief, attorneys’ fees and costs. Traverse Internet Law Cross-Reference Number 1402.

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