Thursday, August 4, 2011

Traverse Internet Law Federal Court Report: August 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.


SPRINKLES CUPCAKES, INC. v. PINK SPRINKLES, LCC
DISTRICT OF CONNETICUT (NEW HAVEN)
3:11-CV-01117
FILED: 7/15/2011

This is a pretty weak claim but it is fairly typical of the types of claims being asserted dealing with the Internet on a regular basis. When you do a “trademark clearance” you can determine what potential claims, if any, exist out there in commerce that could conflict with your product or business name.

The Plaintiff and Defendant are cupcake companies. The Plaintiff is a retailer in Beverly Hills and she has been featured on many television shows. The Defendant is an unrelated cupcake company that uses a name that is allegedly confusingly similar.

Sprinkles Cupcakes alleges trademark infringement, false designation or origin, cybersquatting, and unfair trade practices. Requests in the lawsuit include preliminary and permanent injunctive relief, transfer of the infringing domain name, destruction of any infringing marketing materials, maximum statutory damages, punitive damages, actual damages, attorneys’ fees and costs and any further relief the court deems proper. Traverse Internet Law Cross Reference Number 1518.

1 comment:

domina said...

Thanks for the information..

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