Files preemptive lawsuit over copyright claims and its trademark — Domain Tools

Domain Tools files lawsuit for declaratory relief on copyright and trademark issues.

Domain Tools, LLC has filed suit (pdf) against a Fresh Jersey man following he threatened to file a lawsuit against it and try to get its trademark for “Domain Tools” overturned.

The suit was filed against Russ Smith, owner of Consumer.net and Network-Tools.com, in U.S. District Court in Washington late last month.

As stated by the suit, Smith had sent a draft lawsuit to DomainTools that claimed copyright infringement for the historical thumbnails DomainTools captures of web sites. Smith also complained to Domain Tools regarding the firm’s archival of whois database information. Additionally, he sent DomainTools a draft “Petition to Cancel” the DomainTools trademark that was recently granted.

Domain Tools’ suit seeks declaratory judgement that:

1. It isn’t violating copyright

2. Its registration of DomainTools.com doesn’t violate the anti-cybersquatting protection act

3. Its buyout and use of public whois data is not unlawful

4. Smith lacks any standing to petition for cancellation of the Domain Tools trademark

5. The Domain Tools trademark is not invalid

Additionally, Domain Tools is asking the court of attorney’s fees.

Domain Tools, LLC is represented by attorney Derek Newman.