Traverse Internet Law Federal Court Report: February 2011 - Domain Name Dispute Lawsuits

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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.


EXTREME SPORTS DIVA, LLC v. ELIZABETH MARTTILA
WESTERN DISTRICT OF WISCONSIN (MADISON)
3:11-CV-00032
FILED: 1/14/2011

Once again you have a situation in which there is a dispute about who first used a name. This is very common since the Internet expands the marketplace of a small business in a small town so it can sell throughout the United States. All too often this large geographical area means that the small mom and pop shop in the small town bumps into another company that is using the same name for the sale of the same products or services. That is why you do trademark clearances before using a name.

The Plaintiff is a specialty apparel company that designs, markets and sells the “Sled Divas®” line of women’s and girl’s clothing and accessories. Defendants compete in at least one market segment, that being woman’s apparel in the snow-mobiling sport. Plaintiff had received demands from the Defendant to cease and desist the use of its “Sled Divas” name and now files this declaratory judgment action since it claims it was using the name first.

Plaintiff alleges violation of the Lanham Act, unfair competition, and cybersquatting. Plaintiff requests the turnover of the infringing domain name, actual damages, compensatory damages, punitive damages, and reasonable attorneys’ fees. Traverse Internet Law Cross-Reference Number 1467.