Image Online Design, Inc. v. Core Ass'n

MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANTS CORE ASSOCIATION AND KEN STUBBS’S MOTION FOR SUMMARY JUDGMENT

Pursuant to Federal Rule of Civil Procedure 56, Defendant CORE Association (“CORE”) filed a motion summary judgment as to all claims. The Court has considered the moving and responding papers as well as the colloquy at oral argument, and for the reasons set forth below the Court grants Defendants’ motion.

J. Introduction

On October 29, 1999, Plaintiff Image Online Design, Inc. (“Image Online”) filed an action against CORE and Ken Stubbs (“Stubbs”), CORE’s president. Image-Online seeks injunctive and monetary relief under two theories:

Subject matter jurisdiction is purportedly based on diversity jurisdiction pursuant to 28 U.S.C. §§ 1338 (a) and (b).

Plaintiff claims that it has common law trademark rights in the service mark “.web” which are being infringed by Defendants. In particular, it claims that Defendants have attempted to misappropriate Plaintiffs mark by providing computer network addresses and domain name registry services using the .web mark. Among other requests, Plaintiff desires that Defendant and its agents be enjoined from using the mark .web as…