November 28, 2007
Dell vs Florida Registrars
Three Florida Registrars were named in a lawsuit by Dell on November 16th; all this is just coming to the surface now. Those three registrars are BelgiumDomains, CapitolDomains, and DomainDoorman. They also have a few sister companies such as Netrian Ventures and IHoldings.com that were named too. Dell personally named Juan Pablo “JP” Vazquez because he was on the incorporation paperwork for most of these companies. Dell has a feeling there are 10 other John Does as well that could be related and is seeking the true identity of those companies as well as naming them in the suit. John Berryhill sent me over a copy of the lawsuit today and I have been reading through it. You can read the main document and the supporting doc 1, and supporting doc 2.
This is a bad day for Domain Tasting (a term I coined). This is a good day for Trademark watchdogs. Several companies have noticed this lawsuit and are re-thinking domain tasting.
UPDATE: We ran some stats, and according to our internal data, those three registrars are responsible for 72.5% of all domain tasting in the last 6 months (That is 185,650,068 of the 255,212,260 domains which were tasted).
10/10/2007 1 COMPLAINT for Cybersquatting, Trademark
Infringement, Counterfeiting, Dilution, and Unfair Competition against
IHoldings.com, Inc., Juan Pablo Vazquez, Does 1-10, BelgiumDomains, LLC,
CapitolDomains LLC, DomainDoorman, LLC, Netrian Ventures LTD. Filing fee $
350. Receipt#: 541230, filed by Dell Inc., Alienware Corporation.
(Attachments: # 1 Exhibit 1-5# 2 Exhibit 6 - 10)(nt) (Entered: 11/20/2007)
10/10/2007 2 Summons Issued as to BelgiumDomains, LLC. (nt)
(Entered: 11/20/2007)
10/10/2007 3 Summons Issued as to CapitolDomains LLC. (nt)
(Entered: 11/20/2007)
10/10/2007 4 Summons Issued as to DomainDoorman, LLC. (nt)
(Entered: 11/20/2007)
10/10/2007 5 Summons Issued as to Netrian Ventures LTD.. (nt)
(Entered: 11/20/2007)
10/10/2007 6 Summons Issued as to IHoldings.com, Inc.. (nt)
(Entered: 11/20/2007)
10/10/2007 7 Summons Issued as to Juan Pablo Vazquez. (nt)
(Entered: 11/20/2007)
10/10/2007 8 MOTION for Ex Parte Temporary Restraining Order,
MOTION for Preliminary Injunction by Dell Inc., Alienware Corporation.
Responses due by 10/24/2007 (nt) (Entered: 11/20/2007)
10/10/2007 9 MEMORANDUM in Support re 8 MOTION for Temporary
Restraining Order MOTION for Preliminary Injunction filed by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/20/2007)
10/10/2007 10 MOTION for Ex Parte Seizure Order, MOTION for
Accelerated Discovery, and an Order Sealing the File by Dell Inc., Alienware
Corporation. Responses due by 10/24/2007 (nt) (Entered: 11/20/2007)
10/10/2007 11 MEMORANDUM in Support re 10 MOTION seizure order,
accelerated discovery, and an order sealing the file filed by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/20/2007)
10/10/2007 12 DECLARATION signed by : David J. Steele. by Dell
Inc., Alienware Corporation. (Attachments: # 1 Exhibit A-D# 2 Exhibit E-G# 3
Exhibit H-J# 4 Exhibit K-Q)(nt) (Entered: 11/20/2007)
10/10/2007 13 DECLARATION signed by : Kate Burns. by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/21/2007)
10/10/2007 14 DECLARATION signed by : Arthur Lewis. by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/21/2007)
10/10/2007 15 DECLARATION signed by : Mimi L. Sall. by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/21/2007)
10/10/2007 16 NOTICE of Docket Correction: Document Filed in Wrong
Case; Redocketed in 03CV80612 as DE# 1971 (nt) (Entered: 11/21/2007)
10/10/2007 17 MOTION for Limited Appearance, Consent to
Designation and Request to Electronically Receive Notices of Electronic
Filings for Howard Kroll, Filing Fee $75, Receipt #541231. (nt) (Entered:
11/21/2007)
10/10/2007 18 MOTION for Limited Appearance, Consent to
Designation and Request to Electronically Receive Notices of Electronic
Filings for David J. Steele, Filing Fee $75, Receipt #541231. (nt) (Entered:
11/21/2007)
10/10/2007 19 MOTION to Seal. (nt) (Entered: 11/21/2007)
10/10/2007 20 Sealed Document Tracking Form. (nt) (Entered:
11/21/2007)
10/15/2007 21 ORDER OF RECUSAL. Judge Joan A. Lenard recused. Case
reassigned to Judge Adalberto Jordan for all further proceedingsSigned by
Judge Joan A. Lenard on 10/12/07.(nt) (Entered: 11/21/2007)
11/05/2007 22 ORDER granting 8 Motion for Temporary Restraining
Order and setting hearing on 11/16/07 at 1:30 re 8 motion for preliminary
injunction.Signed by Judge Adalberto Jordan on 11/2/07. (nt) (Entered:
11/21/2007)
11/05/2007 23 ORDER granting 10 Motion for seizure order, granting
10 Motion for Discovery, granting 19 Motion to Seal.Signed by Judge
Adalberto Jordan on 11/2/07. (nt) (Entered: 11/21/2007)
11/05/2007 24 EMERGENCY MOTION to Supplement 23 Order on Motion
for Miscellaneous Relief, Order on Motion for Discovery, Order on Motion to
Seal by Dell Inc., Alienware Corporation. Responses due by 11/20/2007 (nt)
(Entered: 11/21/2007)
11/07/2007 25 EMERGENCY MOTION to Supplement 23 Seizure Order on
Motion for Miscellaneous Relief, Order on Motion for Discovery, Order on
Motion to Seal by Dell Inc., Alienware Corporation. Responses due by
11/23/2007 (nt) (Entered: 11/21/2007)
11/07/2007 26 NOTICE of Filing Bond by Dell Inc., Alienware
Corporation pursuant to 23 Order on Motion for Miscellaneous Relief, Order
on Motion for Discovery, Order on Motion to Seal (nt) (Entered: 11/21/2007)
11/08/2007 27 NOTICE of Filing Bond by Dell Inc., Alienware
Corporation re 22 Order on Motion for Temporary Restraining Order (nt)
(Entered: 11/21/2007)
11/09/2007 28 ORDER granting 24 Motion to Supplement Seizure
Order.Signed by Judge Adalberto Jordan on 11/6/07. (nt) (Entered:
11/21/2007)
11/09/2007 29 ORDER granting 25 Motion to Supplement.Signed by
Judge Adalberto Jordan on 11/7/07. (nt) (Entered: 11/21/2007)
11/14/2007 30 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/14/2007 31 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/14/2007 32 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/14/2007 33 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/14/2007 36 NOTICE of Filing Inventory by Dell Inc., Alienware
Corporation (nt) (Entered: 11/21/2007)
11/14/2007 37 NOTICE of Filing Proposed Protective Order by Dell
Inc., Alienware Corporation (nt) (Entered: 11/21/2007)
11/15/2007 34 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/15/2007 35 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/15/2007 40 NOTICE of Filing Discovery: Answer to
Interrogatories by Juan Pablo Vazquez.(nt) (Entered: 11/21/2007)
11/16/2007 38 NOTICE of Attorney Appearance by Richard Baron on
behalf of Juan Pablo Vazquez (nt) (Entered: 11/21/2007)
11/16/2007 39 MOTION to Seal. (nt) (Entered: 11/21/2007)
11/16/2007 41 NOTICE of Filing Discovery: Response to Request to
Produce by Juan Pablo Vazquez.(nt) (Entered: 11/21/2007)
11/16/2007 43 NOTICE of Filing Certificates of Non-Appearance by
defendants by Dell Inc., Alienware Corporation (nt) (Entered: 11/21/2007)
11/16/2007 44 NOTICE of Filing Returns of Service by Dell Inc.,
Alienware Corporation (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed BelgiumDomains, LLC served
on 11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed CapitolDomains LLC served
on
11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed DomainDoorman, LLC served
on
11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed IHoldings.com, Inc. served
on 11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed Netrian Ventures LTD.
served on 11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed Juan Pablo Vazquez served
on 11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 45 MOTION to Unseal Case by Dell Inc., Alienware
Corporation. Responses due by 12/3/2007 (nt) (Entered: 11/21/2007)
11/16/2007 47 ORDER denying 18 Motion for Limited Appearance,
Consent to Designation and Request to Electronically Receive Notices of
Electronic Filings of Attorney David J. Steele.Signed by Judge Adalberto
Jordan on
11/15/07. (nt) (Entered: 11/21/2007)
11/16/2007 48 ORDER denying 17 Motion for Limited Appearance,
Consent to Designation and Request to Electronically Receive Notices of
Electronic Filings. Signed by Judge Adalberto Jordan on 11/15/07. (nt)
(Entered: 11/21/2007)
11/20/2007 54 SUMMONS Returned Executed (nt) (Entered: 11/21/2007)
11/21/2007 50 ORDER granting 45 Motion to Unseal Case with the
exception of docket entry 42.Signed by Judge Adalberto Jordan on 11/16/07.
(nt) Additional attachment(s) added on 11/21/2007 (nt). (Entered:
11/21/2007)
11/21/2007 51 PROTECTIVE ORDER Regarding Confidential
Information.Signed by Judge Adalberto Jordan on 11/16/07.(nt) (Entered:
11/21/2007)
11/21/2007 52 ORDER Extending Temporary Restraining Order against
defendant Vazquez.Signed by Judge Adalberto Jordan on 11/20/07.(nt)
(Entered: 11/21/2007)
11/21/2007 53 PRELIMINARY INJUNCTION against the registrar
defendants and corporate defendants.Signed by Judge Adalberto Jordan on
11/20/07. (Attachments: # 1 Exhibit A - Part 1# 2 Exhibit A - Part 2)(nt)
(Entered: 11/21/2007)
11/26/2007 55 Amended MOTION to Amend/Correct Motion of David J.
Steele to Appear Pro Hac Vice by Dell Inc., Alienware Corporation. Responses
due by 12/10/2007 (Sall, Mimi) (Entered: 11/26/2007)
11/26/2007 56 Amended MOTION to Amend/Correct Motion of Howard A
Kroll to Appear Pro Hac Vice by Dell Inc., Alienware Corporation. Responses
due by 12/10/2007 (Sall, Mimi) (Entered: 11/26/2007)
11/26/2007 Attorney David J. Steele terminated per 47. Sent
terminated attorney(s) instructions for tracking future case activity. (tb)
(Entered: 11/26/2007)
11/26/2007 57 CERTIFICATE of Counsel re 52 Order, 51 Order, 53
Preliminary Injunction, 50 Order on Motion to Unseal Case Certificate of
Service by Mimi Lee Sall on behalf of Dell Inc., Alienware Corporation
(Sall, Mimi) (Entered: 11/26/2007)
11/26/2007 58 NOTICE by Dell Inc., Alienware Corporation Notice of
Filing Inventory (Sall, Mimi) (Entered: 11/26/2007)













