Traverse Internet Law Disclaimer
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.
MRS. FIELDS’ BRAND v. BATTERS & DOUGHS AND JOHN EDWARDS
CENTRAL DISTRICT OF UTAH
2:09-CV-00652
FILED: 7/27/2009
Who would have thought that a 1-800 number could be registered as a trademark? It is almost to the point that if you are going to acquire a domain name you need to conduct a full trademark search since trademark infringement can be based on unregistered or “common law” rights, which means that a search of the trademark office might not even reveal problems. This is an area that requires great care.
Mrs. Fields’ is the cookie company with over 290 locations in the U.S. It holds an incontestable trademark registration in “1-800-Cookies”. The Defendants are alleged to have acquired the domain name “1800cookies.com” and are using it to divert traffic to a competing website.
The Defendants have been sued for cybersquatting, federal trademark infringement, common law trademark infringement, trademark dilution, false designation of origin, unfair competition, and common law unfair competition. Plaintiff has requested preliminary and permanent injunctive relief, an order transferring the domain name “1800cookies.com” to Plaintiff, compensatory damages, statutory damages, and treble damages. Traverse Internet Law Cross-Reference Number 1339.
