A lawsuit was filed against Domain Investor Chad Folkening yesterday in the United States District Court, Northern District of California for cybersquatting and Unfair Competition by Eden Technology Services, Inc.(Eden), on the domain name EdenTech.com, alleging ging that Mr. Folkening registration of EdenTech.com is confusingly similar to Plaintiff’s EdenTech.co.
Personally I have not seen a Federal Lawsuit where the .Co domain owner sued the .Com owner for cybersquatting.
There have been many UDRP cases where the .Com owner has won the rights to a .Co domain but I have never seen that in reverse, a UDRP case either.
The lawsuit was filed by Mike Rodenbaugh of San Francisco.
Here are the highlights:
“Plaintiff Eden launched its business in March 2015, and provides on demand technology services to consumers. Eden’s ‘Tech Wizards’ make on-site service calls wherein services range from installing, repairing, and supporting various consumer
Since its launch, Eden has received much attention in the press, including articles published by Tech Crunch, Business Insider and more. Such articles tout Eden’s innovative business plan and the need for such services in today’s technology driven marketplace. A
Tech Crunch article, published on July 14, 2015, discussed Eden’s newly secured seed funding in the amount of $1.3 million dollars.
Eden alleges it has common law trademark rights arising via use in U.S. commerce, and has applied for trademark registration in the United States, including applications on July 27, 2015.
In or about March 2015, Eden attempted to purchase the Eden Tech Domain Name from the prior registrant Mr. James Homer (“Homer”).
On March 16, 2015, Mr. Homer informed Plaintiff’s counsel that he intended to use the Eden Tech Domain Name, so it was
not for sale. Yet, upon follow up, on July 23, 2015, Mr. Homer informed Eden that he was in escrow with another buyer.
As of July 28, 2015, the WHOIS record for the Eden Tech Domain indicates that it was transferred to Defendant.
On August 7, 2015, a representative from Eden contacted Defendant inquiring about the Eden Tech Domain Name. On August 16, 2015, Defendant responded that Defendant had acquired the Eden Tech Domain Name for an ‘anonymous client’.
Defendant is a known cybersquatter who has had at least four federal trademark actions filed against him in the U.S., and has lost at least two cases under ICANN’s Uniform Dispute Resolution Policy (“UDRP”).
Defendant had a bad faith intent to profit when it registered the
accounts, located at edentech.co.
Plaintiff is informed and believes that Defendant knew the Plaintiff’s trademarks were distinctive, and owned by Plaintiff, at the time Defendant registered the edentech.com domain name.
Defendant’s wrongful acts, as described in this Complaint, are unlawful, unfair and fraudulent, and cause damage to Plaintiff and injure its business, in violation of section 17200 et seq. of the California Business and Professions Code.
Plaintiff is asking for the Court to find that Defendant is cybersquatting upon Plaintiff’s trademark and engaging in unfair competition and order the domain name EdenTech.com transferred to the Plaintiff, as well as statutory damages of $100,000 pursuant to the Anti-cybersquatting Consumer Protection Act; an award for reasonable attorney’s fees and expenses, and costs of this action.””
EdenTech.com has been registered since February 11, 1997.