Southern Grouts & Mortars v. 3M Corporation

Ethan Jared Wall

Practice Area:Intellectual Property

Outcome:Summary Judgment for 3M Corporation

Description:Richman Greer Shareholder Mark A. Romance and Associate Ethan J. Wall successfully defended 3M Corporation ("3M") against claims of cybersquating and unfair competition brought by Southern Grouts & Mortars ("SGM") involving an inactive domain name 3M acquired over seven years ago. In a 36-page decision, Judge Marcia G. Cooke of the United States District Court ruled that SGM's claims for cybersquatting and unfair competition were untimely and thus barred. The Court also ruled that SGM's claim of unfair competition failed because SGM offered no proof that 3M used the domain in commerce as required by the Lanham Act or that any purported use was likely to cause consumer confusion. The Court also held that SGM's cybersquatting claim failed because SGM failed to prove that 3M used or registered the domain name with a bad faith intent to profit.