INTERNATIONAL PROFIT ASSOCIATES, INC., an Illinois Corporation, Plaintiff, v. ROBERT PAISOLA (a/k/a Robert H. Paisola, Jared Rob Deheart and Robert Deheart), Individually, et al., and ROBERT PAISOLA, TRADING AS WESTERN CAPITAL FINANCIAL SERVICES, INC. (a/k/a The Western Capital Financial Group and/or The Western Capital Family of Companies). Defendants., 461 F. Supp. 2d 672


Summary

Plaintiff alleged that defendant was using terms trademarked by plaintiff as search terms in a Google program in a manner likely to cause confusion, and that defendant had established a domain name for one of his websites that was confusingly similar to plaintiff's trademark, all in violation of the Lanham Act. The court found that plaintiff submitted evidence showing that it was likely to succeed on its Lanham Act claim. Also, the court found that plaintiff had shown a likelihood of success on its "cyberpiracy" or "cybersquatting" claim under 15 U.S.C.S. § 1125(d). Here, plaintiff showed that defendant registered a domain name after plaintiff established its own website with a nearly identical name, and sufficiently showed that defendant did this with the intent to profit from the confusion. While the court noted that defendant could ultimately be able to show that it did not act in bad faith, at this point plaintiff established a reasonable likelihood that bad faith was present. ...