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.
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