After losing top level domain objection, Del Monte International GmbH files suit.
Is this the first lawsuit over a top level domain name Legal Rights Objection?
Del Monte International GmbH has sued Del Monte Corporation in U.S. District Court in California in a trademark infringement case (case 2:13-cv-05912-RSWL-MAN). Although the actual complaint hasn’t been posted to the court’s website yet, the dispute is clearly related to the plaintiff’s application for the .delmonte top level domain name.
Del Monte Corporation won a Legal Rights Objection against Del Monte International’s application for the .delmonte top level domain name last week. The lawyer representing Del Monte International in the Legal Rights Objection is the same one that filed the suit in California.
The majority of the panel in the .delmonte objection ruled in favor of Del Monte Corporation, which has licensed its brand to Del Monte International. The majority also found that Del Monte International had exhibited some bad faith in getting its own trademark for the term “Del Monte” in some jurisdictions. One panelist disagreed with the decision.
I’ll update this story when the complaint is available.