Friday, May 25, 2012

Traverse Internet Law Federal Court Report: May 2012 - 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.

FILED: 4/10/2012

If the owner of a domain name can be located in the United States the remedy can be to obtain transfer of the domain names and obtain an appropriate monetary payment.  However, most of these situations today arise from hidden ownership in foreign countries and the best that you can expect is to receive the domain name in litigation.

Tiffany is involved in manufacturing and distributing high quality luxury goods under multiple famous common-law and registered trademarks.  Defendants are alleged to have registered eight domain names with the “Tiffany” name contained in each and are using the domain names to intentionally divert customers from Plaintiff’s websites to the Defendants’ websites.

The Plaintiff alleges trademark counterfeiting and infringement, false designation of origin, and cybersquatting.  The prayer for relief requests the entry of preliminary and permanent injunctions enjoining Defendants from further infringement, the transfer of the subject domain names, the entry of an order requiring Defendants to account for and pay Plaintiff for all profits and damages resulting from trademark infringement, counterfeiting activities, and cybersquatting activities.  Prayer for relief also requests the entry of an award of Plaintiff’s costs and reasonable attorneys’ and investigative fees.  Traverse Internet Law Cross Reference Number 1560.