Haunted house files suit to stop transfer and asks that trademark be canceled.
The owner of the domain name Screams.com has filed a lawsuit (pdf) to halt the imminent transfer of his domain name following an adverse UDRP ruling.
Last week I wrote about how Screams.com owner Cutting Edge Haunted House in Fort Worth, Texas, lost a UDRP to another haunted house in the area. Cutting Edge registered the domain name 14 years before the UDRP case was filed.
In addition to asking the court for declaratory judgment that the domain name does not violate the Anticybersquatting Consumer Protection Act, the haunted house is also asking for the original complainant Screams, LLC’s trademark to be canceled.
The company also argues the doctrine of laches, noting that Screams, LLC has been aware of its registration of Screams.com since at least 1999. Most UDRP panels do not consider laches, but courts are different.
Trademark and domain name attorney Derek Newman is representing Cutting Edge.