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.
PETROLIAM NASIONAL BERHAD v. PETRONASTOWER.NET
NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
3:10-CV-00431
FILED: 1/29/2010
All because the owner of a domain name is either overseas or cannot be identified does not preclude a trademark owner from getting the domain name through this type of a lawsuit.
The Plaintiff owns the Petronas Twin Towers in Malaysia, the largest free standing towers in the world. The Defendant is alleged to have purchased the domain name “petronastower.net” at which the Defendant is allegedly hosting an obscene and highly offensive pornographic website. This is an in rem action merely to obtain possession of the domain name.
The lawsuit includes a claim for cyberpiracy and requests that Go Daddy, as the domain name registrar, and VeriSign, as the domain name registry, immediately transfer all rights, title, and interest in the domain name “Petronastower.net” to Petronas and an order from the Court forever cancelling the domain name. Traverse Internet Law Cross-Reference Number 1396.
MGM MIRAGE v. DAN LEI, ET AL.
DISTRICT OF NEVADA (LAS VEGAS)
2:10-CV-00074
FILED: 1/20/2010
It’s one thing to have a domain name consisting of a competitive trademark. It’s far worse to use the competitor’s trademark and images on your site to mislead the public. You would think seventy years after Bugsy Siegel learned his lesson, everyone would know that the most foolish thing you can do is steal from a Las Vegas casino.
MGM Mirage is the casino in Las Vegas and the Defendants allegedly own domain names with the MGM name in them. The domain names point to an online sports book website that uses the MGM trademark and images of MGM casinos on its site.
The lawsuit includes claims for federal trademark infringement, cybersquatting, unfair competition, federal trademark dilution, state trademark infringement, state trademark dilution, common law trademark infringement, deceptive trade practices, and intentional interference with prospective economic advantage. Plaintiff is requesting the issuance of preliminary and permanent injunctions prohibiting the use of the marks and requiring transfer of the domain names, as well as an award of compensatory damages, consequential damages, statutory damages, exemplary damages, punitive damages, and an award of interest, cost, and attorneys’ fees. Traverse Internet Law Cross-Reference Number 1397.
MINE O’MINE, INC. v. MICHAEL D. CALMESE, ET AL.
DISTRICT OF NEVADA (LAS VEGAS)
2:10-CV-00043
FILED: 1/12/2010
If you think that a person cannot have a trademark in his own name, you are incorrect. Treat high profile or famous people’s names just like the name of a company that owns a trademark. You don’t even have to have a registered trademark to bring a lawsuit for trademark infringement. Considering the six-figure statutory damage provision in federal law coupled with the requirement that a losing Defendant pay the trademark owner’s legal fees, playing in this arena can become very expensive, very quickly. It’s got to be very painful to be the target of a Shaquille O’Neal slam dunk, whether on a basketball court or in a federal court.
The Plaintiff is actually Shaquille O’Neal, the basketball player. Defendants are alleged to be buying up domain names containing variations of Shaquille O’Neal’s name.
The lawsuit alleges trademark infringement, unfair competition, trademark dilution, cybersquatting, common law trademark infringement, and violation of the right of publicity. Plaintiff requests preliminary and permanent injunctive relief, transfer of the infringing domain names to Plaintiff, and an award of compensatory, consequential, statutory, exemplary, and punitive damages in an amount to be determined at trial as well as attorneys’ fees and costs.Traverse Internet Law Cross-Reference Number 1398.
DISTRICT OF NEVADA (LAS VEGAS)
2:10-CV-00043
FILED: 1/12/2010
If you think that a person cannot have a trademark in his own name, you are incorrect. Treat high profile or famous people’s names just like the name of a company that owns a trademark. You don’t even have to have a registered trademark to bring a lawsuit for trademark infringement. Considering the six-figure statutory damage provision in federal law coupled with the requirement that a losing Defendant pay the trademark owner’s legal fees, playing in this arena can become very expensive, very quickly. It’s got to be very painful to be the target of a Shaquille O’Neal slam dunk, whether on a basketball court or in a federal court.
The Plaintiff is actually Shaquille O’Neal, the basketball player. Defendants are alleged to be buying up domain names containing variations of Shaquille O’Neal’s name.
The lawsuit alleges trademark infringement, unfair competition, trademark dilution, cybersquatting, common law trademark infringement, and violation of the right of publicity. Plaintiff requests preliminary and permanent injunctive relief, transfer of the infringing domain names to Plaintiff, and an award of compensatory, consequential, statutory, exemplary, and punitive damages in an amount to be determined at trial as well as attorneys’ fees and costs.Traverse Internet Law Cross-Reference Number 1398.
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