TechCrunch this morning is reporting that a site called LameBook filed for a declaratory judgment in its home state of Texas against Facebook.com asking the court to find it is not infringing on Facebook’s trademark.
According to the story upon receiving communications from Facebook.com that it believed LameBook.com violated it trademark, instead of waiting for the federal lawsuit to come, Lamebook suited its own suit presumptively.
Of course as domain holders we have the option of doing the exact same thing upon receipt of a C & D letter. Instead of waiting for the UDRP to come we can file a federal lawsuit seeking a declaratory judgment.
With the inconsistent decisions coming out of UDRP world, this maybe an option you will start seeing some bigger domains moving to in the near future.