Wednesday, January 26, 2011

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


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.


CORONA CIGAR COMPANY v. THE WINNER’S CIRCLE CIGAR LOUNGE, LLC
MIDDLE DISTRICT OF FLORIDA (ORLANDO)
6:10-CV-01460
FILED: 9/30/2010

When you are ready to select a business, product or service name you should have your lawyer conduct a “trademark clearance” search to make sure that you are legally entitled to use the name without infringing on a third party’s trademark.

Corona Cigar Company is a Florida corporation operating retail stores and lounges that promote and sell cigars and related products. Defendant is a New Jersey corporation using the “Corona Cigar” trademark in its domain name, “thecoronacigarlounge.com”.

Claims against the Defendant include trademark infringement, cybersquatting, and unfair competition. The Plaintiff requests permanent injunctive relief, actual damages, compensatory damages, removal of all infringing content from the web, transfer of the infringing domain name, an accounting and disgorgement of Defendant’s profits, punitive damages, and reasonable attorneys’ fees, costs, and expenses. Traverse Internet Law Cross-Reference Number 1444.

Tuesday, January 18, 2011

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


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.


CITY OF LA CROSSE v. DAVID ALBERTO MONTEALEGRE
WESTERN DISTRICT OF WISCONSIN (MADISON)
3:10-CV-00480
FILED: 8/24/2010

If you are going to allow a technology employee or web host to register domain names for your business make sure you have access to the registrar’s account so that you can change registrant information at will. These types of problems in which an individual has control of a domain name are very common.

The City of La Crosse, Wisconsin is suing its former director of technology for the purpose of obtaining city domain names Mr. Montealgre now possesses. The Defendant has been indicted for bankruptcy fraud and his services have been terminated by the City of La Crosse but he has failed to turn over the registration of all of the domain names he was maintaining for the city.

Plaintiff claims cybersquatting, unjust enrichment, and breach of fiduciary duty and requests that the domain names in question are transferred to the City of La Crosse along with any other domain names purchased for the city or with city funds and that Defendant be held responsible for Plaintiff’s attorney fees and costs. Traverse Internet Law Cross-Reference Number 1448.