Company sues to keep domain after surprise UDRP decision.
Michael Berken’s company, WorldWide Media, Inc., has sued Traditional Medicinals Inc., in order to retain the domain name SmoothMove.com.
Earlier this month, a National Arbitration Forum panel found that Worldwide Media must transfer its ownership of SmoothMove.com to Traditional Medicinals. Traditional Medicinals offers a laxative tea called Smooth Move.
WorldWide Media, represented by attorney Ari Goldberger, argues that Traditional Medicinals does not have exclusive rights to the term “smooth move” and the domain name was registered without knowledge of any trademark. The company is seeking declaratory relief stating that the domain name does not infringe, does not violate the Anticybersquatting Consumer Protection Act, and is being used legally. The lawsuit also seeks payment of WorldWide Media’s legal fees associated with this case.
Under UDRP guidelines, a transfer of the domain name is not initiated if a lawsuit in the proper jurisdiction is filed within 10 days of the decision.
WorldWide Media’s complaint notes that several other companies have trademarks for “smooth move” covering products such as electronic controls, seasonings, and lingerie. Over 50 businesses in the United States use the term “smooth move” in their business names and there are over 150,000 search results in Google for “smooth move”.
The lawsuit was filed in the Federal Court – Western District of North Carolina. View the complaint here (pdf).