Website domain dispute pulled from justices’ calendar

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A dispute over a website address that had been scheduled for oral arguments Wednesday before the Indiana Supreme Court has been settled, an attorney involved in the case said.

The LaPorte County Convention and Visitors Bureau in northwestern Indiana sued the Serenity Springs resort, which registered the domain name “visitmichigancitylaporte.com” soon after the bureau announced that it would establish the domain name for its use. Serenity Springs then used the address to direct users to its website.

A trial court ruled in favor of the bureau, but a divided panel of the Court of Appeals reversed. The majority rejected the bureau’s common-law unfair competition claim and it argument that it had established a right of use by announcing the domain.

South Bend attorney Jonathan Watson represented Serenity Springs of LaPorte. “We’ve reached an amicable settlement,” he said, noting parties had entered non-disparagement and non-disclosure agreements that precluded him from discussing details of the agreement.

“We’re happy to have it settled and happy to move on,” he said.

A Supreme Court order filed May 1 canceled the oral argument after parties filed a motion to dismiss on April 29, according to the docket. The case is Serenity Springs, Inc. and Laura Ostergren v. The LaPorte County Convention and Visitors Bureau, by and through its Board of Managers, 46A04-1309-MI-470.

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