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This case was last updated from PACER on 04/17/2021 at 11:19:08 (UTC).

Griffin IT Media, Inc. et al v. Spiradrill, Inc.

Case Summary

On February 16, 2021, T. J. Griffin, Sr. and Griffin IT Media, Inc. (collectively, “Plaintiffs”), represented by Richard Thomas Sahuc of Intellectual Property Consulting, LLC, filed an intellectual property lawsuit against Spiradrill, Inc., seeking declaratory relief and damages for using the domain name <spiradrill.com> lawfully (herein “the Domain Name”). This case was filed in the U.S. District Court in the Southern District of Florida with Judges Dave L. Brannon and Donald M. Middlebrooks.

 

Plaintiffs alleged in their complaint that ”Plaintiffs registered the Domain Name in good faith in 2003. Spiradrill is merely a combination of two words, spiral and drill. Both words are descriptive terms that could be used in connection with a variety of goods and services. At the time Plaintiffs registered the Domain Name in 2003, there was no registered trademark for Spiradrill, Plaintiffs were not aware of Defendant’s existence. The Defendant did not seek registration of the Spiradrill as a trademark until 2014, and the mark was not registered until 2015. For nearly eighteen years, Plaintiffs have maintained registration of the Domain Name and have had quiet enjoyment of their property in good faith, never hearing any complaint from Defendant or anyone else about their ownership of the Domain Name. In the UDRP complaint, Defendant alleges that the Domain Name is confusingly similar to Defendant’s trademark, that Plaintiffs have no legitimate rights to or interest in the Domain Name, and that Plaintiffs registered the Domain Name in bad faith.”

 

Plaintiffs further alleged that “Plaintiffs rightfully registered the Domain Name in good faith, and with neither knowledge of Defendant’s mark, nor intent to sell the Domain Name specifically to Defendant. Plaintiff had no intention of diverting any traffic from Defendant’s website, and avers that there is no evidence that such has occurred. For nearly eighteen years, Plaintiffs have maintained registration of the Domain Name and have had quiet enjoyment of their property in good faith, never hearing any complaint from Defendant or anyone else about their ownership of the Domain Name.” Plaintiffs have also alleged that “In registering the Domain Name, Plaintiffs had a legitimate interest in the inherent, generic value of the Domain Name and have used the Domain Name consistently with such purpose. Plaintiffs believed and had reasonable grounds to believe, based on the market for generic domain names, as well as prior legal decisions and decisions under the UDRP and the ACPA (and their predecessor case law, to the extent any existed in 2003), that the registration of the Domain Name as a generic and descriptive word that could be used in connection with non-infringing business endeavors was lawful.”

 

The only claim for relief laid down by the Plaintiffs is for declaratory relief, wherein Plaintiffs alleged that they seek to remove the legal cloud over title to Plaintiffs’ valuable property, which has been created by Defendant’s actions.

 

In the prayer for relief, Plaintiff has requested the court to pass an order that Plaintiffs have not infringed and are not infringing the trademark rights of Defendant, A declaration that Plaintiffs have not violated and are not violating the ACPA. Plaintiffs further requested the court to pass an order for a  declaration that Plaintiffs registered and have used the Domain Name in good faith and are the rightful registrants of the Domain Name along with monetary damages along with costs of action. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    9:21-CV-80340

  • Filing Date:

    02/16/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Trademark

  • Court:

    U.S. District Courts

  • Courthouse:

    Florida Southern District

Judge Details

Referral Judge

Dave Lee Brannon

Presiding Judge

Donald M. Middlebrooks

 

Party Details

Plaintiffs

T. J. Griffin, Sr.

Griffin IT Media, Inc.

Defendant

Spiradrill, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Richard Thomas Sahuc

Attorney at Intellectual Property Consulting, LLC

334 Carondelet Street, Suite B, New Orleans

New Orleans, LA 70130

 

Court Documents

#10

(#10) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jbs) (Entered: 03/11/2021)

#9

(#9) ORDER CLOSING CASE Signed by Judge Donald M. Middlebrooks on 3/10/2021. See attached document for full details. (jbs) (Entered: 03/11/2021)

#8

(#8) NOTICE of Voluntary Dismissal by T. J. Griffin, Sr, Griffin IT Media, Inc. (Sahuc, Richard) (Entered: 03/09/2021)

#7

(#7) Summons Issued as to Spiradrill, Inc. (jbs) (Entered: 02/18/2021)

#4

(#4) Notice of Action/Publication filed by Griffin IT Media, Inc., T. J. Griffin, Sr. (Sahuc, Richard) (Entered: 02/17/2021)

#3

(#3) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jbs) (Entered: 02/17/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Spiradrill, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14393610, filed by Griffin IT Media, Inc., T. J. Griffin, Sr. (Attachments: #1 Civil Cover Sheet)(Sahuc, Richard) (Entered: 02/16/2021)

 

Docket Entries

  • 03/11/2021
  • View Court Documents
  • Docket(#10) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jbs) (Entered: 03/11/2021)

    Read MoreRead Less
  • 03/10/2021
  • View Court Documents
  • Docket(#9) ORDER CLOSING CASE Signed by Judge Donald M. Middlebrooks on 3/10/2021. See attached document for full details. (jbs) (Entered: 03/11/2021)

    Read MoreRead Less
  • 03/09/2021
  • View Court Documents
  • Docket(#8) NOTICE of Voluntary Dismissal by T. J. Griffin, Sr, Griffin IT Media, Inc. (Sahuc, Richard) (Entered: 03/09/2021)

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  • 02/18/2021
  • View Court Documents
  • Docket(#7) Summons Issued as to Spiradrill, Inc. (jbs) (Entered: 02/18/2021)

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  • 02/18/2021
  • View Court Documents
  • Docket(#6) Clerks Notice to Filer re #4 Notice of Action/Publication. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 5 Notice of Filing Proposed Summons(es). It is not necessary to refile this document. (jbs) (Entered: 02/18/2021)

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  • 02/17/2021
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  • Docket(#5) NOTICE of Filing Proposed Summons(es) by T. J. Griffin, Sr, Griffin IT Media, Inc. See DE #4 for image. (jbs) (Entered: 02/18/2021)

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  • 02/17/2021
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  • Docket(#4) Notice of Action/Publication filed by Griffin IT Media, Inc., T. J. Griffin, Sr. (Sahuc, Richard) (Entered: 02/17/2021)

    Read MoreRead Less
  • 02/17/2021
  • View Court Documents
  • Docket(#3) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jbs) (Entered: 02/17/2021)

    Read MoreRead Less
  • 02/16/2021
  • Docket(#2) Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) (Entered: 02/17/2021)

    Read MoreRead Less
  • 02/16/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Spiradrill, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14393610, filed by Griffin IT Media, Inc., T. J. Griffin, Sr. (Attachments: #1 Civil Cover Sheet)(Sahuc, Richard) (Entered: 02/16/2021)

    Read MoreRead Less
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