The complaint states that Reindeer uses its mark Reindeer Auto Relocation in association with “high quality auto relocation services.” The complaint alleges that the defendant, McKnight, operates a website at www.reindeerautotransport.com to advertise auto relocation services and to “consummate” transactions. Reindeer discovered this allegedly infringing website in February 2012, and its trademark attorneys sent a cease-and-desist letter to McKnight. The complaint states that McKnight continues to use the infringing website and slogan. Reindeer alleges that the only possible purpose of McKnight’s use of that website and slogan are to “illegally divert traffic from Reindeer’s site and/or to confuse the public.” The complaint makes claims of trademark infringement, violation of federal anti-cybersquatting act, federal and state unfair competition and trademark dilution. Trademark attorneys seek an injunction, an accounting of profits, damages, attorney fees and costs.
Practice Tip: The plaintiff here makes a claim under the anti-cyberquatting act, 15 U.S.C. § 1125(d), which establishes a cause of action for registering or operating a domain name that is confusingly similar to a registered trademark or name.
