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groupon.com.au dispute/trademark lawsuit

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US group buying giant Groupon hits local rival Scoopon with trademark lawsuit


US group buying pioneer Groupon has hit local rival Scoopon with a trademark lawsuit in a United States District Court, alleging Scoopon's name is too similar to its own and claiming that Scoopon's owners even registered a company called Groupon Pty Ltd and the Groupon.com.au URL in Australia.

Groupon wants Scoopon to change its name immediately, pay as-yet unspecified damages, and turn over both the Groupon.com.au and Scoopon.com.au URLs to the company.

Scoopon began as a spin-off from daily deals site Catch of the Day. The two sites are amongs largest online retailers in the country and are set to turn over a combined $100 million this year.

..

http://www.smartcompany.com.au/inte...cal-rival-scoopon-with-trademark-lawsuit.html

And an update here:
http://www.ecommercereport.com.au/?p=1199
(subscribers only)

Basically Scoopon forced to hand over the domain.
 

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Sure is, I guess these kind of sites make good money, they are everywhere ATM.

According to the case documents, the US owners of 1SaleADay contended that the domain name 1saleaday.com.au and onesaleaday.com.au was "identical or confusingly similar".

Mochkin and Feigli conceded that the domain names were "identical". However, they "contended that the complainants had not established trademark rights in Australia prior to the registration".

Further, Benyamin Federman contended that the respondents Mochkin and Feigli formed a company using his company's trade name without his consent. He also contended "that they failed to use the disputed domain names in connection with a bona fide offering of goods and services".

"Instead they tried to profit off [1SaleADay's] intellectual property and goodwill," he said.

Finally, Federman contended that the domain names were registered and used in bad faith.
 

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