Date: 09-25-2000

Case Style: Northland Insurance Company v. Patrick Blaylock

Case Number: 00-cv-308

Judge: Doty

Court: United States District Court for the District of Minnesota

Plaintiff's Attorney: Michael J. McGuire and Raphael T. Wallander of Rider, Bennett, Egan & Arundel, Minneapolis, Minnesota

Defendant's Attorney: Paul A. Ledford of Saliterman & Sieferman, Minneapolis, Minnesota

Description: Plaintiff created two Internet site to house complaints and criticisms of Northland Insurance Companies' business practices after a dispute over a damage claim relating to defendant's boat which plaintiff refused to pay. The first site bears the domain name http://www.northlandinsurance.com and was registered with Network Solutions, Inc. Defendant also registered http://www.sailinglegacy.com. Defendant admitted that he selected the first to make it easier to find and to showcase to an Internet audience his own experiences with plaintiff, his commercial commentary and criticism of plaintiff's business practices, and to provide a forum for other "victims" of the plaintiff to air their complaints of mistreatment. At the first web site, visitors see line one which read in small type font "Northland Insurance, Associates First Capitol, Yacht Insurance, Boat Insurance, Auto Insurance, Trucking Insurance, Business Insurance" and then below in larger and bolder font "Northland Insurance Companies ... Another Opinion! ... If you feel you have been ABUSED at the hands of Northland Insurance please click the link above. You're not alone." A visitor is then taken to the second site.

Plaintiff contended that the name "Northland Insurance" is a protected mark and defendant's use of it as his domain name violated the trademark laws and the recently enacted federal Anticybersquatting Consumer Protection Act, 15 U.S.C. 1125(d). Plaintiff instituted this action alleging trademark infringement, dilution, unfair business practices, and a claim under the ACPA. Plaintiff moved for a preliminary injunction or alternatively for default judgment based upon defendant's alleged failure to abide by the parties' stipulation to extend defendant's time to answer the complaint.

Outcome: Motion for preliminary injunction denied finding that Northland failed to make a specific showing of the damages it would incur if a preliminary injunction was not granted and that it was likely to succeed on the merits on any of its claims.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: For more information about this case, see: 115 F.Supp.2d 1108 (D.Minn. 2000). Reported by Kent Morlan