Traverse Internet Law Federal Court Report: July 2010 Domain Name Dispute Lawsuits

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.


H-D MICHIGAN, LLC and HARLEY-DAVIDSON MOTOR COMPANY GROUP, LLC v. CHRISTOPHER AYALA
DISTRICT OF NEVADA (LAS VEGAS)
2:10-CV-01187
FILED: 7/19/2010

There are circumstances in which you can use the name of a company nominatively to identify the source and quality of goods or services even without a reseller agreement from the company. It appears that most cybersquatting decisions are now coming down on the side that you cannot include the name of the company in the domain name, but this is a hotly contested arena in which decisions are falling on both sides.

Plaintiff Harley-Davidson Motor Company Group is the famous motorcycle company. Defendant has never been an authorized Harley-Davidson dealer. Harley-Davidson alleges that the Defendant registered the domain “shopharleyroads.com” and is using it as a website.

Defendant is accused of trademark infringement, false designation of origin, unfair competition, federal unfair competition comprising false and misleading statements of fact, trademark dilution, cybersquatting, common law trademark infringement, common law unfair competition, and misappropriation. The Prayer for Relief requests permanent injunctive relief, an order directing Defendant to destroy all unauthorized materials infringing on the Plaintiffs’ marks, an order directing Defendant to remove all references to Plaintiffs’ marks from his website, transfer of infringing domain names to Plaintiff, an accounting of Defendants profits, statutory damages in the amount of $300,000, punitive damages, costs and attorneys’ fees, and other relief the Court may deem appropriate. Traverse Internet Law Cross-Reference Number 1441.

Traverse Internet Law Federal Court Report: June 2010 Domain Name Dispute Lawsuits

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.


DIAL CORPORATION v. DAVID G. BROWN
NORTHERN DISTRICT OF TEXAS (FORT WORTH)
4:10-CV-00456
FILED: 6/25/2010

In this case the Defendant allegedly asked for nine cases of product to be shipped to him in exchange for the transfer of the domain name “rightguard.us”. Instead, he got served with a lawsuit.

Dial Corporation is a large consumer products company. The Defendant is alleged to have registered many domain names that are close misspellings or exact representations of the soap and deodorant products sold by the Plaintiff.

The lawsuit requests that each of the infringing domain names be preliminarily and permanently transferred to Plaintiff and that Defendant’s registration for each domain name be cancelled or forfeited. Further relief requested includes preliminary and permanent injunctive relief, destruction of all infringing materials in the Defendant’s possession, statutory damages, reasonable attorneys’ fees, an assessment of costs and interest, and granting such other and further relief the Court deems just. Traverse Internet Law Cross-Reference Number 1436.