Indiana Intellectual Property Law News
New Albany, IN – Trademark lawyers for The American Automobile Association of Heathrow, Florida filed a lawsuit alleging AAA Affordable Insurance of Charlestown, Indiana, infringed Trademark Nos. 829,265, 2,158,654 and 1,101,726 for the mark AAA, as registered with the U.S. Trademark Office, and committed unfair competition and cyberpiracy.
The plaintiff is the familiar AAA non-for-profit organization offering automobile-related products and services to its members. AAA alleges that the defendants have knowingly, and without authorization, used the AAA trademarks in advertising and operating an insurance business called AAA Affordable Insurance, including unlawfully registering and using the AAA-AFORDABLE-INSURANCE.INFO domain name. AAA claims to have sent the defendants two cease-and-desist letters, and received a denial of infringement and offer to sell the domain name to AAA for $5,000. AAA contends that the continued, unauthorized use of its well-known marks is not only federal trademark infringement, but also a false designation of origin, trademark dilution, and trademark cyberpiracy under the Lanham Act. AAA seeks an injunction, monetary damages, and an order requiring the defendants to transfer the domain name at issue to AAA.
This case has been assigned to Judge Sarah Evans Barker and Magistrate Judge William G. Hussmannin the Southern District of Indiana, and assigned case no. 4:11-cv-00030-SEB-WGH.
Practice Tip: The federal trademark statute known as the Lanham Act includes a relatively-new “cyberpiracy” cause of action which may be asserted against a party that, with a bad faith intent to profit from the mark is registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark.
Complaint – The American Automobile v. AAA Affordable Insurance
Further Information about this case is as follows:
Filed: March 14, 2011 as 4:2011cv00030 Updated: March 14, 2011 20:11:26
Plaintiff: THE AMERICAN AUTOMOBILE ASSOCIATION, INC.
Defendants: AAA AFFORDABLE INSURANCE LLC and KENNETH CALKINS
Presiding Judge:Sarah Evans Barker
Cause Of Action: Trademark Infringement
Court:Seventh Circuit > Indiana > Southern District Court
Type:Intellectual Property > Trademark