SAN DIEGO – A window and door screen company alleges a competitor is using infringing domain names to divert business.
The Screen Lady Inc. filed a complaint on Oct. 10 in the U.S. District Court for the Southern District of California against J.R. Schantz, doing business as The Screen Machine, and Wayne's Screen Machine alleging trademark infringement, unfair competition and cybersquatting.
According to the complaint, the plaintiff alleges that on May 2, 2013, The Screen Lady Inc. received all rights, title and interest in the assets of the business from its former owner, and issued ownership of The Screen Lady service name and marks. It alleges that the defendants acquired registrations for the domain names thescreenlady.com and screenlady.net with the intent to divert internet users to defendants' websites.
The plaintiff holds J.R. Schantz and Wayne's Screen Machine responsible because the defendants allegedly caused confusion, deception and deliberate attempt to trade on plaintiff's goodwill, used similar domain names to deceive internet consumers to its true origin and affiliation with plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendants, enjoin from further use of the domain names, statutory damages in the amount of $100,000 per domain name, punitive or exemplary damages, costs of action, attorneys' fees and other relief as the court may deem just. It is represented by Eric D. Morton and Kellie M. Delaney of Clear Sky Law Group PC in Carlsbad.
U.S. District Court for the Southern District of California Case number 3:16-cv-02528