Specialty Catalog Corp. (West Bridgewater, MA) has sued B2B Web Ventures (Dallas, TX) for a declaratory judgment that Specialty Catalog does not violate any rights in B2B’s trademarks or copyrights. The trademark dispute centers around plaintiff’s use of www.wig.com and defendant’s use of www.wigs.com, both websites used to sell wigs. The copyright dispute involves a number of images on the plaintiff’s website, including one of “a woman holding a tape measure about a portion of her head.”
It seems unlikely that B2B will be able to show trademark rights in www.wigs.com for the sale of wigs. Well established law says that a top level domain (e.g., “.com”) does not make an otherwise generic mark (for example, WIGS for wigs) protectable.
Specialty Catalog Corp. v. B2B Web Ventures, LLC., 10-10304-RWZ (D. Mass., Feb. 22, 2010)
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