Thursday, December 22, 2011

Traverse Internet Law Federal Court Report: December 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.


A FLOWER PATCH, INC. v. JUSKA, ET AL.
SOUTHERN DISTRICT OF FLORIDA (WEST PALM BEACH)
9:11-CV-81315-KLR
FILED: 11/30/2011

The Plaintiff is suing due to its claim for “common law trademark infringement”. Given the lack of state or federal registration of the trademark it could be very difficult for this Plaintiff to prove trademark rights in such a generic phrase.

The Plaintiff is a Florida corporation and has used the term “A Flower Patch” in commerce for thirty-three years. The Defendants acquired the domain name “aflowerpatch.com” and are using it to compete against the Plaintiff.

The lawsuit alleges cybersquatting, federal trademark infringement, unfair competition, and trademark dilution. Plaintiff demands judgment against Defendants for damages, treble damages, Defendants’ profits, and attorneys’ fees and costs. Traverse Internet Law Cross Reference Number 1535.

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