OUTCOME: Judgment was entered in favor of the homeowners.
Marina Ridge, LLC was a developer of a residential development in a rural California County. It built and sold two homes within its development which both encroached on a third lot which was owned by ...the developer. The developer promised to correct this title defect but failed to do so. A quiet title action was brought against Marina Ridge compelling transfer of the lot to the two homeowners.
Intellectual property
Mobywrap, Inc. v. JR Kavanagh
Oct 08, 2010
OUTCOME: Complaint Granted; The Domain Name was transferred to Mobywrap, Inc.
Mobywrap, Inc. (“Mobywrap”), is a designer, manufacturer, and distributor of baby carriers, children’s blankets, and toy doll carriers. Mobywrap owns several trademark registrations worldwide for its ...MOBY trademark. JR Kavanagh infringed the MOBY trademark by registering the domain name <mobywrap.org> and creating a website under that domain which featured a commercial search engine and third-party links to competing and unrelated products, thereby diverting traffic to the infringing website. A complaint was filed against JR Kavanagh to compel transfer of the domain name to Mobywrap.
Trademark infringement
Fiskars Brands, Inc. v. Two Point Enterprise c/o Dennis Thompson
Mar 16, 2006
OUTCOME: Successfully Defended; Complaint Denied
A small business owner (“Two Point”) built up a successful Internet retail site exclusively selling Gerber branded products under the domain name <gerber-tools.com>. All web pages in the website clear...ly identified the business owner’s name, “Two Point Enterprise” its address, and its phone number.
Gerber was owned by Fiskars Brands, Inc., the North American manufacturing and marketing subsidiary of Finland's Fiskars Corporation, a global corporation. Buying products directly from Fiskars, Two Point built up such a substantial business that his website was receiving more attention than that of the Gerber site owned by Fiskars.
In response to Two Point’s stellar success in selling Fiskar’s products, Fiskars demanded that Two Point transfer the domain to Fiskars, claiming that he was infringing their trademark. When the business owner rightly refused, Fiskars filed a UDRP Complaint to attempt to take the domain name from Two Point. Despite the extraordinary amount of time, effort and money spent by Fiskars to take Two Point’s domain name away, a three person arbitration panel ruled unanimously in Two Point’s favor, denying Fiskar’s Complaint.
Trademark infringement
Mark D. Tannen v. Jay Mack
Feb 10, 2006
OUTCOME: Successfully Defended; Case Dismissed with Prejudice
An opposition to registration of a U.S. Trademark application for INTELLIWEAR was filed with the United States Patent and Trademark Office by Mark D. Tannen, based on claimed ownership of the trademark...s AI AMERICAN INTELLIWARE, AMERICAN INTELLIWARE and other similar marks. Tannen claimed that his trademarks were in use before the application and that they were confusingly similar to the INTELLIWEAR mark.
Intellectual property
The Monticello Group, Ltd. v. Teletravel, Inc.
Apr 16, 2003
OUTCOME: Successfully Defended; Complaint Denied
Teletravel, Inc., the owner of the domain name <monticello.com> registered and used the domain to provide email services for people living in Monticello, Illinois. After a corporate restructuring, thi...s service was terminated and the domain was listed for sale. The Monticello Group, Ltd., attempted to buy the domain name from Teletravel for a reduced price. When its offers were not accepted, it filed a Complaint pursuant to the Uniform Domain Name Dispute Resolution Policy seeking to compel transfer of the domain name to Teletravel, claiming that it had superior intellectual property rights to the domain name.