A web developer is suing an athletic training app provider for filing a complaint that allegedly locked down its internet domain name.
VirtualPoint Inc., the registrant of fasttrak.com, sued FastTrak after it filed what VirtualPoint termed a “baseless and factually erroneous” domain name arbitration complaint against it.
A decision hasn’t been made in the arbitration yet but, for now, the domain name “has been locked beyond Plaintiff’s full enjoyment of the benefits of registration,” VirtualPoint said in a complaint filed in the U.S. District Court for the Middle District of Florida.
FastTrak, owner of the FASTTRAK F mark, is claiming bad faith registration in a complaint filed under the Uniform Domain Name Dispute Resolution Policy (UDRP), a trademark rights protection mechanism created by the Internet Corporation for Assigned Names and Numbers.
VirtualPoint alleged FastTrak’s claims have “absolutely no basis,” particularly because it registered the domain name six years before FastTrak existed.
FastTrak’s motives aren’t hidden, VirtualPoint said. “Simply put, Defendants wished to move their storefront from the low-rent dot BIZ district to the gold standard, dot COM,” it said.
A spokesperson for FastTrak didn’t immediately respond to a request for comment.
To prevail in a UDRP, a trademark owner must show that a domain name similar to its mark was registered and used in bad faith. If FastTrack prevails, VirtualPoint could lose its domain name.
VirtualPoint is seeking a declaration from the court that it has rights to the domain as well as damages of at least $100,000.
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