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 STUDENTS MOVING, INC., ET AL. v. COLLEGE HUNKS HAULING JUNK FRANCHISING, LLC, ET AL.
DISTRICT ARIZONA
2:12-CV-01156-GMS
FILED: 05/30/2012
This type of a lawsuit is very common when one party feels aggrieved by a domain name dispute arbitration decision that goes against it. Unknown to many, there is a very easy remedy to challenge the transfer of the domain name if you lose a domain name dispute, but it must be done quickly and in a specified court.
Both the Plaintiffs and the Defendants are moving companies. The National Arbitration Forum (NAF) issued a written decision through a domain name dispute ordering that the domain name “collegehunksmoving.com” be transferred to the Defendants. The Plaintiffs have effectively appealed that decision by filing suit in Federal Court and contending that they acquired the domain name prior to the opposing party acquiring any trademark rights and all trademark rights owned by College Hunks Hauling are invalid due to fraud on the US Patent and Trademark Office. This is a declaratory judgment action filed by the losing party in a domain name dispute to try to get the decision effectively overturned.
The Plaintiffs allege intentional interference with business/economic relations and the cancelation of trademark registrations. The prayer for relief requests that Defendants be permanently enjoined from further infringement. The prayer for relief also requests that Defendants be ordered to pay compensatory and statutory damages, costs, attorneys’ fees, and litigation expenses in recovering disputed domain names. Traverse Internet Law Cross-Reference Number 1566.
