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.
VOLUSION, INC. v. NETWORK SOLUTIONS, LLC
WESTERN DISTRICT OF TEXAS (AUSTIN)
1:10-CV-00361
FILED: 5/25/2010
Trademark infringement requires either actual confusion or a likelihood of confusion among the consuming public. This could be a very subjective evaluation and if you are a small business looking to avoid incurring a big expense in litigation make sure that you stay very far away from competitors’ trademarks.
Volusion is a California corporation involved in technology and e-commerce. Defendant Network Solutions sells webhosting and domain names to customers and allegedly approached Volusion about being able to sell its products or services to Network Solutions’ customers. Those solicitations were rejected by Volusion, and it is alleged that Network Solutions undertook the use of the domain name “smallvolution.com” and started selling products that competed with those offered by the Plaintiff.
Charges alleged against Network Solutions include trademark infringement, unfair competition and misappropriation, common law trademark infringement, common law unfair competition, trademark dilution, injury to business reputation, trade name, and dilution, cybersquatting, and common law unjust enrichment. Volusion is requesting preliminary and permanent injunctive relief, the removal and destruction of all infringing materials, actual damages, treble damages, punitive damages, the forfeiture and cancellation of the domain name “smallvolution.com” or transfer of the domain name to Volusion, pre-judgment and post-judgment interest, costs, disbursements, attorneys’ fees, and any other relief the court deems just and equitable. Traverse Internet Law Cross-Reference Number 1428.
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