Traverse Internet Law Federal Court Report: January 2012 - Trademark Infringement 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.


STRONG INDUSTRIES, INC. v. JANNIC, INC.
MIDDLE DISTRICT OF FLORIDA (TAMPA)
8:11-CV-02819-VMC-TGW
FILED: 12/22/2011

The consequences for “cybersquatting” are substantial. You could be liable for up to $100,000 and all attorneys’ fees of the opposing party if you are held to be a cybersquatter, and that is just for the damages for each domain name separately.

Plaintiff uses the name “Aqualife Spas” in connection with the sale of spas and related equipment. The Plaintiff filed a U.S. Trademark Application for the name and this Defendant allegedly launched a website using the same name and opposed the application at the United States Patent and Trademark Office. The Plaintiff then filed this lawsuit for trademark infringement.

Plaintiff alleges trademark infringement, unfair competition, and unfair trade practices. The Plaintiff’s prayer for relief demands that Defendant be permanently enjoined from the use of infringing marks, the entry of an award of all actual damages, costs, disbursements and reasonable attorneys’ fees. Traverse Internet Law Cross-Reference Number 1541.