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Court reverses hotel’s cybersquatting conviction

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A dispute over who could use the designation “Visit Michigan City LaPorte” led to a legal battle between LaPorte County’s visitors bureau and an area hotel-resort, with the trial court ruling in favor of the visitors bureau. But the Indiana Court of Appeals reversed Monday, ruling the bureau didn’t prove it held a valid and protectable trademark.

An employee from Serenity Springs attended a public meeting at which the LaPorte County Convention and Visitors Bureau announced that the phrase “Visit Michigan City LaPorte” had been chosen as the branding identifier for the area. Immediately after the meeting, Serenity registered the domain name “visitmichigancitylaporte.com” and redirected traffic from that site to its hotel website. That same day, the bureau attempted to register the same domain name, but discovered it had been purchased and was used by Serenity.

The visitors bureau sought to prevent Serenity from using the domain and slogan, and filed an application with the Indiana Secretary of State to register the slogan and logo as a trademark. It claimed it first used the words in commerce Sept. 9, 2009, the same day Serenity registered the website. When Serenity wouldn’t voluntarily relinquish the domain name, the visitors bureau sued, alleging trademark infringement, cybersquatting and unfair competition.

The trial court ruled in favor of the visitors bureau, permanently enjoined Serenity from using the designation or domain name, and ordered Serenity to transfer the domain to the bureau.

In Serenity Springs, et al. v. The LaPorte County Convention and Visitors Bureau, 46A03-1205-MI-214, the Court of Appeals reversed because it found the “Visit Michigan City LaPorte” slogan is primarily geographically descriptive and not subject to protection as a trademark. In order to be protectable, the slogan must have acquired secondary meaning, but it did not. The judges rejected the visitors bureau’s claim that its registration with the SOS is sufficient proof of distinctiveness or secondary meaning.

“Secondary meaning is acquired through actual use of a mark, and there is simply no evidence in the record supporting a conclusion that the mark became associated with the Bureau in the minds of consumers on September 9, 2009 in the hours prior to Serenity’s registration of the domain name,” Judge Ezra Friedlander wrote.

The COA reversed and remanded with instructions to vacate the judgment and enter judgment in favor of Serenity on the trademark infringement and cybersquatting claims. But the trial court did not rule on other claims the bureau asserted, including common-law unfair competition. The judges ordered the trial court consider the bureau’s other claims and limit its consideration to the claims and evidence already presented by the bureau.  

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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