Traverse Internet Law Federal Court Report: December, 2010 - Domain Name Dispute Lawsuits

Traverse Internet Law Disclaimer

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.


OASIS CHILDREN’S SERVICES, LLC v. OASIS COMMUNITY CORPORATION
SOUTHERN DISTRICT OF NEW YORK (FOLEY SQUARE)
1:10-CV-08803
FILED: 11/22/2010

Your right to acquire and use a domain name when doing business cooperatively with a third party, whether you are an affiliate marketer or a franchisee or licensee, is governed by your agreement with the owner of the trademark. Once the term of the agreement ends, i.e. your business relationship ends, you have to abandon most commercial use of the trademark. This means that if you have bought domain names you need to not only take them out of commercial use, but also recognize that if you are “parking” the domain names with no ads whatsoever you still may have the obligation to transfer those to the licensor.

Plaintiff operated summer camps in New York City and New Jersey under the trademark “Oasis”. Defendant licensed the right to use the “Oasis” mark in connection with similar after-school services offered in the New York City area. The license has expired, according to the Plaintiff, but the Defendant continues to use the name in at least two domain names.

Plaintiff alleges unfair competition, cybersquatting, copyright infringement, violation of the New York Anti-Dilution Statute, unfair competition, and breach of contract. Plaintiff requests that the Court grant preliminary and permanent injunctive relief, transfer of the infringing domain names, destruction of all infringing materials, an accounting of Defendant’s profits, compensatory damages, actual damages, punitive damages, costs, and reasonable attorneys’ fees. Traverse Internet Law Cross-Reference Number 1455.