FARE DEALS, LTD., Plaintiff, v. WORLD CHOICE TRAVEL.COM, INC., et al., Defendants., 180 F. Supp. 2d 678

Summary

Plaintiff travel services provider (TSP) alleged misuse of its name via a web site. The court first addressed claims against the hotel reservation booker. The cyberpiracy claim failed as there were no facts which alleged that the booker registered, trafficked in, or used an infringing domain name. The claim for false designation of origin under the Lanham Act failed under three theories of liability. Maryland claims of unfair competition and trade disparagement failed as Maryland common law governing those claims generally tracked federal statutory law. As for tortious interference, no facts showed that the booker maliciously intended to damage its business relationships. The conspiracy claim failed because no liability on a tort was demonstrated. TSP was not a "consumer" under the Maryland Consumer Protection Act (CPA). Next, the court addressed the allegation that web-based travel services provider developed and launched the web site. Due to lack of evidence, cyberpiracy, federal ...