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Hells Angels suing California woman for 'cyberpiracy' of motorcycle club's trademarks in domain registrations(Fresno Bee (CA) Via Acquire Media NewsEdge) FRESNO, Calif. _ In days gone by, the Hells Angels seemed to follow a legal code not found in any American law book. Anyone who crossed it would face judgment in shades of black and blue. Now, the famed and feared motorcycle club is seeking a more refined path to justice: It is suing a Visalia, Calif., woman in federal court, alleging "cyberpiracy" and trademark infringement. The club says Fawn Myers illegally registered more than 20 Internet domain names associated with the Hells Angels and then placed them up for auction on eBay. Myers, the club says, registered domain names such as ha-mc.com and 81ca.com through the Internet hosting service GoDaddy.com, which is also named in the suit. It was filed this month in U.S. District Court in Fresno, Calif. The number 81, the suit says, has not only long been an identifier and pseudonym for the Hells Angels, but it also has been used on licensed merchandise such as hats, beanies, bikinis, pins and belt buckles. The letter "H" is the eighth in the alphabet; the letter "A" the first. In her eBay listings, the Hells Angels allege, Myers specifically mentions the association of the domain names with the motorcycle club. The club says that amounts to trademark infringement and cyberpiracy, among other violations of federal law. The Hells Angels is showing no mercy in its legal demands. The motorcycle club wants a court judgment that Myers violated its rights under federal and state statutes. It wants the domain names to be transferred to the club. And they want any profits derived from the domain names, as well as $100,000 in damages for each domain name found to belong to the club. One legal expert thinks the Hells Angels might have a good case. David S. Welkowitz, an expert in trademark law at the Whittier Law School in Southern California, said lawsuits such as the one filed by the Hells Angels are common _ as are victories for the trademark owners. Welkowitz said the key question is whether Myers has any legitimate claim to the domain names, and whether she can withstand a federal cybersquatting statute and prove she didn't make a "bad faith attempt to profit" from the domain names' association with the Hells Angels. "Putting it on eBay is not going to help you," he said. Fawn Myers could not be reached for comment, but a man who answered her home telephone number said the case isn't as clear cut as the court file makes it appear. Terry Myers declined to say how he's related to Fawn, but he said he registered the domain names, not Fawn. And he said there is no way he can fight the Hells Angels. "I have no money to defend this," he said. "They're going to win in court." (EDITORS: STORY CAN END HERE) The suit, filed by Sacramento, Calif., attorney Fritz Clapp, claims Fawn Myers registered the domain names within the past year, using GoDaddy.com as the registrar. GoDaddy did not return a call seeking comment. This month, the domain names were offered for sale on eBay, with titles and descriptions emphasizing that they signified the Hells Angels and were valuable because of that association. Prices ranged from about $100 to $10,000. The Hells Angels, the suit says, immediately notified eBay and Fawn Myers that the domain names violated the motorcycle club's rights; eBay stopped the auctions. Fawn Myers, however, relisted and continued to offer the names for sale through GoDaddy.com, according to the suit. Terry Myers said he is willing to give up ownership to all the domain names and turn them over to the Hells Angels. He said he called Clapp with the offer but never heard back. Clapp could not be reached to comment. Myers wonders who the motorcycle club might seek out next. He said the domain name hamc.org belongs to the Hebrew Academy of Morris County in New Jersey, while the name hamc.com belongs to the Heart of America Medical Center in Rugby, N.D. ___ (c) 2009, The Fresno Bee (Fresno, Calif.). Visit The Fresno Bee online at http://www.fresnobee.com/ Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. Copyright ? 2009 McClatchy Newspapers |