After losing UDRP for Pocketbook.com, e-reader maker tries U.S. courts.
PocketBook International SA, a company that sells ebook readers, has filed a lawsuit (pdf) to try to get the domain name Pocketbook.com.
This is the company’s second attempt to get the domain name. It lost a UDRP for the domain name last year.
Some of PocketBook’s customers and partners do seem to be confused that they don’t find information about ebook readers at the dictionary term domain name, and it, therefore, thinks it should be the owner of the domain name.
One example in the lawsuit is that it believes traffic to the Pocketbook.com domain name increased when it released a new version of its product. In another example, one of PocketBook’s resellers inadvertently linked to Pocketbook.com instead of Pocketbook.es in an ad. A video linked from the lawsuit filing shows that the reseller showed pocketbook.es as the URL in an e-magazine, but clicking on the link actually sends people to Pocketbook.com.
Of course, the fact that some people might hope to find information about Pocketbook’s products at Pocketbook.com doesn’t negate the fact that Pocketbook is a common term related to purses and money. As an example, I’ve used the term pocketbook several times on Domain Name Wire to refer to paying money.
PocketBook International SA made an odd allegation in its lawsuit that SiteTools, Inc. has “refused to come to an agreement” on selling the domain:
Defendants are well aware that they infringe Pocketbook’s intellectual property rights and are causing significant harm to Pocketbook. Defendants, however, have not resolved or addressed these issues, despite having knowledge, opportunity and means to do so. For example, Pocketbook has offered to purchase the Domain Name from the Defendants, but Defendants refused to come to an agreement by callously offering to sell the Domain Name for “six figures” despite the Domain Name being used only for infringing and illicit purposes.
It actually sounds to me like SiteTools agreed to sell the domain, and it was PocketBook who refused to come to an agreement and meet SiteTools’ asking price.
PocketBook seems to have country code domain names that it uses for each country it offers its products. It does not list the United States as one of those countries on its website.
Alan Built says
They should fork out 6 figures or be content with pocketbook.us
David J Castello says
So, they’re going the lawsuit route now? Perfect. Their UDRP loss should come in handy. This is when the defendant needs to slam them for attorney’s fees and anything else they can get.
PocketBook International SA are LOSERS.
Julie B says
Such a stupid comment
David Michaels says
PocketBook International SA might have to spend $300,000 or more on this litigation. Their survey evidence is going to cost at least $70,000.
A comparison of the Google Trends searches for pocketbook vs pockbook ereader shows that almost nobody searched for the “pocketbook ereader” before 2010.
I don’t think that PocketBook International SA has any chance of proving usage and secondary meaning in the USA before the domain was registered in 1997.