Thursday, May 5, 2011

Traverse Internet Law Federal Court Report: May 2011 - 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.


McMAHAN LAW FIRM v. RICHARD LATHAM
EASTERN DISTRICT OF TENNESSEE (CHATTANOOGA)
1:11-CV-00102
FILED: 4/20/2011

If you have been following the case reviews over the past year you will have seen this issue arise time and time again. Do not allow your web developer, web host, or employee to register your company domain name without making sure that the registrant (owner) is your business.

The Plaintiff is a law firm located in Tennessee. The Defendant was a web developer/host identified as “Plaintiff’s computer support person”. The Defendant is alleged to have purchased the law firm’s domain name and put it in his own personal name. Upon the contract ending the Defendant has demanded payment for the domain name.

The lawsuit alleges cybersquatting and tortious interference with business advantage. McMahan Law Firm requests that the Court grant temporary and permanent injunctive relief, statutory damages, transfer of the infringing domain name, costs, and attorneys’ fees. Traverse Internet Law Cross-Reference Number 1490.