I used the PACER online system to get copies of the Verizon lawsuit, and posted them at:

http://www.loffs.org/verizon-vs-ireit/

Exhibit 5 makes fascinating reading, especially when point #43 in the main statement of claim says "Exhibit 5 details only one famous trademark for each letter of the alphabet."

Thank you for sharing. I wonder what iREIT was thinking.

iREIT was thinking $$$

Seeking relief of all profits, statutory damages of 100K per domain (they listed over 90) and attorney fees/cost of action.

Ouch.

Do you guys think iRIET will now delete all trademark domains from their portfolio to avoid other lawsuits?

I wonder what the statute of limitations is, even if they deleted the domains? (where's Berryhill when you need him??)

Looking at Ex. # 5.

I'm not sure all of those domains would be considered TM infringements.


I think one or two might not be.

:

Sounds like catch 22 - deleting the names would look like an act of guilt that would impact any defense arguments about unconscious automated processes etc and I can't imagine deleting them would have any impact with regards to the ACPA suit itself as the deed has been done.

Sounds like it is open season on large US based portfolio holders, I'd guess this will be settled for a few million.

With the way these lawsuits seem to becoming more common surely US based portfolio holders are going to have to purge most t/m names soon. Some of these portfolios would have the potential for liabilities far exceeding the value of the company itself.

Originally posted by snoopy
Some of these portfolios would have the potential for liabilities far exceeding the value of the company itself.

Maybe Verizon will end up owning iREIT, and we'll see a big auction of all the "clean" generic names one day? j/k

I wonder how IREIT's investors are feeling about all this ???

yeow!!!!!!!!!!!

Hard to believe they wouldn't have planned at least in part for potential losses under the ACPA.

Page 24 of the complaint, point 3.(d) is also interesting, seeking to enjoin the defendants from "Registering any domain name using an automated process." 3.(e) would force them to have the proper WHOIS for all their domains.

Point 4 on page 25 would even compel the defendants to engage in corrective advertising.

Exhibit 5 = WOW.