Monday, October 31, 2011

Traverse Internet Law Federal Court Report: October 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.


QUALITY CALIBRATION SERVICE, INC. v. QUALITY CALIBRATION SERVICES, INC.
EASTERN DISTRICT OF WISCONSIN (MILWAUKEE)
2:11-CV-00895
FILED: 9/23/2011

Make sure that your company does a complete and thorough “clearance” for any names it intends to use. Typically these types of clearances are conducted by attorneys and will provide you with adequate assurances of the risks associated with using a name.

The Plaintiff has offered calibration, repair, testing and measurement services using the “quality calibration service” trademark since 1984. It also owns a federal trademark registration for the term. The Defendant is alleged to be using the same name for its company and has acquired the domain name “qualitycalibrationservices.com”.

The lawsuit alleges trademark infringement, false designation and unfair competition. Prayer for relief requests permanent injunctive relief, an order requiring Defendant to transfer ownership of the infringing domain name, removal of infringing trademarks, compensatory and punitive damages and any other relief as the Court deems just and equitable. Traverse Internet Law Cross Reference Number 1528.

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