Calling it “the most ambitious anti-domainer lawsuit to dateâ€, Eric Goldman reports on how Vulcan Golf sued Google for violating trademarks.
The class action complaint filed by Vulcan Golf cites their reason very clearly saying, "defendants' shocking and egregious intentional, bad faith scheme to generate revenue, and profit from their illegal and deceptive actions in deliberately hijacking, diluting, infringing and otherwise unlawfully using Lead Plaintiff's and the Class's venerable, valuable and distinctive and famous registered marks, tradenames, logos, famous names and other distinctive/valuable marks ("Distinctive and Valuable marks") for their own commercial gain."
Further, “the lawsuit could be gutted if the judge rules that none of the parties engaged in a trademark use in commerce—an open legal question that has not been resolved in the domainer context. Further, the lawsuit could effectively fall apart if the judge rejects formation of a class. Trademark class action lawsuits are rare for good reason– trademark owners must establish the validity of their marks, the famousness of their marks (for dilution) and the similarity between their marks and the defendants' usage. These are all intensely fact-specific questions; none of which seem susceptible to class adjudication.â€
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