Thursday, February 9, 2012

Traverse Internet Law Federal Court Report: February 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.


RCI TM CORP., ET AL. v. BAR LAW ENTERPRISES, LLC, ET AL.
MIDDLE DISTRICT OF FLORIDA (ORLANDO)
6:12-CV-00014-ACC-GJK
FILED: 1/4/2012

Whenever you are going to use a name for a product, service, or business, make sure that you get “clearance” to do so. The potential damages for cybersquatting are up to $100,000.00 per domain name, plus you will have liability for paying the Plaintiffs’ attorneys’ fees.

The Plaintiff and Defendant are both involved in the real estate industry. The Plaintiffs operate an exchange service for condominium owners and hold trademarks in the term “RCI”, which is short for “Resort Condominiums International”. The Defendants own and operate a website at “www.resortcondosinternational.com”.

The lawsuit alleges federal trademark infringement, federal trademark counterfeiting, false designation of origin, trademark dilution, cybersquatting, deceptive and unfair trade practices, and unfair competition. The prayer for relief requests Defendants be enjoined from the use of infringing marks, asks for the entry of an award of all treble, statutory, punitive, and exemplary damages, costs and reasonable attorneys’ fees, and any other relief as the Court deems just and proper. Traverse Internet Law Cross Reference Number 1544.