G. GERVAISE DAVIS III, State Bar No. 29501
ROBERT T. DAUNT, State Bar No. 098077
DAVIS & SCHROEDER, P.C.
215 West Franklin Street, 4th Floor
P.O. Box 3080
Monterey, California 93942-3080
Telephone: (408) 649-1122
Attorneys for Plaintiff PHILIP L. GIACALONE
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
PHILIP L. GIACALONE, an individual, Plaintiff
NETWORK SOLUTIONS, INC., a District of Columbia corporation, and TY,
INC., a Delaware corporation, Defendants
COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT, INJUNCTIVE
RELIEF AND DAMAGES FOR INTENTIONAL INTERFERENCE WITH ADVANTAGEOUS
BUSINESS RELATIONSHIP, AND RELIEF FOR TRADEMARK MISUSE, WITH DEMAND
FOR JURY TRIAL
JURISDICTION AND VENUE
This is a Declaratory Judgment action seeking injunctive relief and a
judgment of non-infringement and non-dilution of a federally
registered trademark. Jurisdiction is conferred on this Court under 15
USC §1121 and 28 USC §1338(a) (Trademark Disputes), 15 USC §1116
(Injunctive Relief), and 28 USC §2201-02 (Federal Declaratory Judgment
Act). A supplemental cause of action for Intentional Interference with
Advantageous Business Relationships is included, as is a cause of
action for Trademark Misuse, both pursuant to 28 USC §1367, as claims
so related to other issues in the action that they form part of the
same case or controversy.
Venue is appropriate with this Court since defendant NETWORK
SNIPPETS:
Attorneys for Plaintiff PHILIP L. GIACALONE
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
NETWORK SOLUTIONS, INC., a District of Columbia corporation, and TY, INC., a Delaware
This is a Declaratory Judgment action seeking injunctive relief and a judgment of
Jurisdiction is conferred on this Court under 15 USC §1121 and 28 USC §1338,
A supplemental cause of action for Intentional Interference with Advantageous Business
Venue is appropriate with this Court since defendant NETWORK SOLUTIONS, INC. is registered to
a trademark infringement action to enforce claims it has made about plaintiff to defendant NETWORK
Once registered with the Internet authorities, they can demand payment of large sums to
The problem, as in this case, is that trademark owners can also act in bad faith by claiming
In a futile attempt to deal with this problem, the Internet authorities contracted with
NSI, in turn, adopted a Domain Name Dispute Policy, aimed at dealing with such issues.
Further details of how this Policy works are spelled out in the copy of the NSI Policy, which
Defendant TY, INC. manufactures and distributes children's stuffed animals throughout the
See Basile, "Rights to Domain Names", Online Law, Addison-Wesley Developers Press 1996,
In point of fact, the Patent and Trademark Office has only recently begun to register domain
Defendant TY, INC., with full knowledge of the existence of the contract and the falsity of
Defendant TY, INC.'s intentional interference with the business relationship between NSI and
G. GERVAISE DAVIS III, Esq.
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