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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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ABC, )
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Plaintiff, )
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v. ) Civil Action No. ___________
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XYZ, INC., )
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Defendant. )
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By his Complaint, ABC seeks declaratory relief, as set forth below, to establish that his registration and use of the domain name “descriptivewords.com” is not unlawful under the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125(d).
1. Plaintiff ABC is an individual residing at ___________,Massachusetts.
2. Defendant XYZ, Inc. (“XYZ”) is a corporation with its principal offices at _______________________________________________.
Jurisdiction and Venue
3. This Court has jurisdiction pursuant to 28 U.S.C. §1331. The plaintiff seeks a declaration, pursuant to 15 U.S.C, §1114(D)(v) and 28 U.S.C. § 2201, that his registration and use of the domain name “descriptivewords.com” is not unlawful under the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125(d). In addition, XYZ agreed to submit to the jurisdiction of this Court when it initiated an administrative proceeding with the National Arbitration Forum concerning the plaintiff’s right to register the domain name “descriptivewords.com”.
4. Venue is proper in the District of Massachusetts under 28 U.S.C. §1391(b)(1) because the defendant XYZ is a corporation that is deemed to reside in this District pursuant to 28 U.S.C. §1391(c). Venue is also proper in the District of Massachusetts pursuant to 28 U.S.C. §1391(b)(2) because a substantial part of the events giving rise to this action occurred in this District and a substantial part of the property that is the subject of this action is situated in this District. In addition, XYZ agreed that venue is proper in this Court when it filed its complaint with the National Arbitration Forum concerning the plaintiff’s right to register the domain name “descriptivewords.com”.
Facts
5. The plaintiff is a second year (course of study) graduate student at the University of Massachusetts. The plaintiff is in the process of developing an Internet web site specializing in information and education for the (study subject) industry.
6. In connection with his efforts to develop his web site, the plaintiff investigated the availability of several domain names that he thought might be desirable for his web site. In December of 1999 and January of 2000, the plaintiff registered several domain names that were listed as being available by Register.com, which is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (ICANN). One of these names, descriptivewords.com, was registered by the plaintiff on ______, 2000.
7. The plaintiff’s efforts to develop his web site have also included investigating possible content for his web site. In that regard, the plaintiff engaged in a series of communications with a news wire agency that provides customizable wire news for web sites.
8. After the plaintiff registered descriptivewords.com and began investigating potential content for his web site, an agent of XYZ contacted the plaintiff and offered to purchase the registration for this domain name. The plaintiff declined XYZ’s offer.
9. On or about ______, 2000, XYZ filed an administrative complaint with the National Arbitration Forum pursuant to ICANN’s Uniform Domain Name Dispute Resolution Policy (the “ICANN Policy”). In its Complaint, XYZ claimed that the plaintiff’s registration of “descriptivewords.com” violated XYZ’s trademark of the words “descriptivewords” for (description of XYZ’s product).
10. By decision dated _____, 2000, an arbitrator with the National Arbitration Forum issued a decision directing that the registration of “descriptivewords.com” be transferred to XYZ.
11. On _____, 2000, in accordance with the ICANN Policy, Register.com informed the plaintiff that it would not implement the decision of the National Arbitration Forum if the plaintiff commenced a lawsuit against XYZ concerning the registration of the domain name “descriptivewords.com” by March 30, 2000.
Count I
(Declaration Under Anticybersquatting Consumer
Protection Act)
12. The plaintiff realleges and incorporates by reference herein paragraphs 1-11 above.
13. In registering the domain name “descriptivewords.com,” the plaintiff did not have a bad faith intent, as provided in 15 U.S.C. §1125(d)(1)(A)(i), to profit from XYZ’s trademark of the words “descriptivewords” for (description of XYZ’s product).
14. The domain name “descriptivewords.com” is not identical, confusingly similar to, or dilutive, as provided in 15 U.S.C. §1125(d)(1)(A)(ii), of XYZ’s trademark of the words “descriptivewords” for (description of XYZ’s product).
15. The plaintiff believed and had reasonable grounds to believe that his registration and use of the domain name “descriptivewords.com” was a fair use or otherwise lawful use, as provided in 15 U.S.C. §1125(d)(1)(B)(ii).
16. As required by 15 U.S.C. §1114(2)(D)(v), the plaintiff has given notice to XYZ of the plaintiff’s intent to file an action to establish that the plaintiff’s registration and use of the domain name “descriptivewords.com” is not unlawful under the Anticybersquatting Consumer Protection Act.
Count II
(Declaratory Judgment)
17. The plaintiff realleges and incorporates by reference herein paragraphs 1-16 above.
18. A dispute exists between the plaintiff and XYZ concerning the plaintiff’s right to register and use the domain name “descriptivewords.com.” As a consequence of this dispute, an actual and justiciable controversy exists between the plaintiff and XYZ.
WHEREFORE, the plaintiff requests that the Court enter judgment:
a. Declaring that the plaintiff’s registration and use of the domain name “descriptivewords.com” is not unlawful under the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125(d);
b. Declaring that the plaintiff is not required to transfer the registration for the domain name “descriptivewords.com” to XYZ;
c. Awarding plaintiff his costs and attorney’s fees; and
d. Providing all such other and further relief as the Court deems just and proper.
Request
for Jury Trial
Plaintiff requests a jury trial on all issues triable by a jury.
Respectfully submitted,
ABC
By his attorneys,
______________________________
Frank N. Gaeta (BB0 #561388)
Timothy J. Courville (BBO #550167)
Gaeta, Courville & Lund, LLP
21 School Street, Third Floor
Boston, Massachusetts 02108
(617) 227-1600
Date: _______,2000