2010

The Internet Committee of the International Trademark Association started its work for the year yesterday by asking us to introduce ourselves and outline what we wanted to work on. I got carried away with mine, so I’ve decided to expand my remarks into a treatise.
I have been involved in domain name disputes since 1994

There is a website named Upstate Belle Empire and it advertises that it’s ‘spent years searching the marketplace for True (sic) designer brands at huge discounts.” It displays logos such as these:
ubc brands.jpg
One item advertised today are these Coach Rainboots:
coach rain boots ubc.jpg
. . .which Coach says is a counterfeit.
This last bit on the UBE home

Plaintiff sues its licensee. Licsensee prevails, brings motions for fees and costs, alleging that plaintiff had brought this litigation as a ploy to re-negotiate the license. It alleged that plaintiff had brought similar litigation against another licensee in order to ‘re-negotiate’ license, brought mertiless discovery, brought meritless dilution claim, abandoned ADR process, made meritless defense