By: Yevgeniy Sverdlik
Source: http://www.datacenterdynamics.com
Switch, operator of a large Las Vegas data center campus Super NAP, has filed a lawsuit against a Canadian citizen, charging him with trademark infringement, business news publication Vegas Inc. reported.
Dorian Banks, of Vancouver, registered an Internet domain name Switch.net in October. Banks, CEO of wireless Internet services provider Metrobridge Networks, told Vegas Inc. he had not heard of the plaintiff when he bought the domain name through an auction.
In addition to trademark infringement charges, Switch said in its lawsuit filed in a federal court in Las Vegas that Banks wrongfully attempted to profit from ownership of the domain by offering to sell it to the data center provider as soon as he bought it.
Switch charged that Banks’ offer to sell the domain to the company for about US$3,700 violated the federal Anticybersquatting Consumer Protection Act by having had "bad faith intent to profit from registering, trafficking in or using a domain name or mark that is either identical or confusingly similar to a distinctive mark,” according to Vegas Inc.
According to the lawsuit, Switch said Banks threatened to sell the domain to someone else as the company evaluated his initial offer if it did not take the offer quickly.
Switch asked the court to issue a restraining order on Banks to prevent him from using its names and trademarks. The company also asked the domain-name registrar to transfer ownership of the Switch.net name to the company.
Banks denied the allegations, saying he approached Switch in Las Vegas after a Swiss company, also called Switch, objected to his acquisition of the name. He told Vegas Inc. that he offered to sell the domain to the Las Vegas company for the same amount he paid for it at the auction so that it could try and resolve the dispute with the Swiss organization.
Source: http://www.datacenterdynamics.com/focus/archive/2011/11/switch-sues-man-for-trademark-infringement,-unlawful-domain-name-trafficking
Source: http://www.datacenterdynamics.com
Switch, operator of a large Las Vegas data center campus Super NAP, has filed a lawsuit against a Canadian citizen, charging him with trademark infringement, business news publication Vegas Inc. reported.
Dorian Banks, of Vancouver, registered an Internet domain name Switch.net in October. Banks, CEO of wireless Internet services provider Metrobridge Networks, told Vegas Inc. he had not heard of the plaintiff when he bought the domain name through an auction.
In addition to trademark infringement charges, Switch said in its lawsuit filed in a federal court in Las Vegas that Banks wrongfully attempted to profit from ownership of the domain by offering to sell it to the data center provider as soon as he bought it.
Switch charged that Banks’ offer to sell the domain to the company for about US$3,700 violated the federal Anticybersquatting Consumer Protection Act by having had "bad faith intent to profit from registering, trafficking in or using a domain name or mark that is either identical or confusingly similar to a distinctive mark,” according to Vegas Inc.
According to the lawsuit, Switch said Banks threatened to sell the domain to someone else as the company evaluated his initial offer if it did not take the offer quickly.
Switch asked the court to issue a restraining order on Banks to prevent him from using its names and trademarks. The company also asked the domain-name registrar to transfer ownership of the Switch.net name to the company.
Banks denied the allegations, saying he approached Switch in Las Vegas after a Swiss company, also called Switch, objected to his acquisition of the name. He told Vegas Inc. that he offered to sell the domain to the Las Vegas company for the same amount he paid for it at the auction so that it could try and resolve the dispute with the Swiss organization.
Source: http://www.datacenterdynamics.com/focus/archive/2011/11/switch-sues-man-for-trademark-infringement,-unlawful-domain-name-trafficking
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