Brownell Trailers, LLC (Fairhaven, MA) has sued Kavanaugh-Brownell Boat Stands, LLC (Mattapoisett, MA) for cybersquatting and related claims stemming from BT’s mark BOK for boat stands.
A previous case filed by Kavanaugh against BT in February over the use of the BROWNELL mark for was dismissed in April following a quick bench trial. In that case Judge Young determined that BT could sell its boat stands under the mark ROK so long as the mark clearly noted that the products for sale were boat stands. BT adopted the following mark, which Judge Young approved:
BT went on to register <www.rokboatstands.com> to sell its boat stands. Kavanaugh, thinking it was being clever registered <www.rokkboatstands.com> to sell its own boat stands, capitalizing on the shadowing in the design of BT’s mark. BT is suing for typo-squatting and unfair competition.
Normally this kind of thing might be more appropriate for a UDRP dispute. But given the parties’ history before Judge Young I can’t disagree with BT’s strategy here. Judge Young will not be amused.
Though a lesson for BT, perhaps you might want to adopt a design that more clearly reflects your mark? Just looking at the design, consumers aren’t going to know whether the mark is ROK or ROKK.
Brownell Trailers, LLC v. Kavanaugh-Brownell Boat Stands, LLC, 10-11234-WGY (D. Mass. July 22, 2010)
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