Traverse Internet Law Federal Court Report: January 2011 - 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.


THE POPCORN FACTORY, INC. v. PEACE, LOVE, POPCORN, LLC and GARY PAPARELLA
NORTHERN DISTRICT OF ILLINOIS (EASTERN DIVISION)
1:10-CV-08125
FILED: 12/22/10

The party first using a trademark is often the winner in these contests. This is why “trademark clearance” is essential when selecting a name for a business because such a process identifies these types of problems in advance.

The Defendant is alleged to be using the term “Love Peace Popcorn” as its business name. Plaintiff claims it was the original user of the term and owns common law trademark rights to it. When Plaintiff received a “cease and desist” letter from the Defendant it brought this lawsuit to establish that the Defendant was the actual party infringing on its mark and not the other way around.

The Plaintiff alleges violation of the Anticybersquatting Consumer Protection Act, unfair competition, deceptive trade practices, and common law infringement. They request that Defendants’ federal registration in the mark be cancelled, permanent injunctive relief, transfer of infringing domain names, cancellation of social networking accounts using the mark, an accounting of profits, actual damages, treble damages, statutory damages, costs and attorneys’ fees. Traverse Internet Law Cross-Reference Number 1459.