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HLED
IN
THE
UNITED
STATES
DISTRICT
COURT
FORTHE
EASTERN
DISTRICT
OF
VIRGINIA
ALEXANDRIA
DIVISION
ZOO1!
k%
-■
TRAVELOCITY.COM
LP,
Plaintiff,
v.
TRAVEL0CITYINDIA.COM,
Defendant.
CIVIL
ACTION
NO.
|
5
0
^
COMPLAINT
PlaintiffTravelocity.com
LP
("Travelocity")
complains
and
alleges
as
follows:
NATUREAND
BASIS
OF
ACTION
1.
This
is
an
in
rem
actionasserted
under
the
provisions
of
the
Anticybersquatting
Consumer
Protection
Act,
15
U.S.C.
§
1125(d),againstthe
Internet
domain
name
<travelocityindia.com>.
2.
The
<travelocityindia.com>
domain
name
is
confusingly
similar
to
Travelocity's
federallyregistered
service
mark
"TRAVELOCITY"
and
"TRAVEL0CITY.COM"
and
the
registrant
of
the
domain
name,
identifiedin
the
Whois
database
as
Travelocity
(India)
Pvt
Ltd.("TIPL"),
has
registered
and
is
using
the
domain
name
in
a
bad
faith
effortto
confuse
the
public
in
violation
of
the
Anticybersquatting
Consumer
Protection
Act
("ACPA").
Plaintiff
seeks
an
order
compellingVeriSignGlobal
RegistryServices
("VeriSign")
to
change
the
registrar
of
the
<travelocityindia.com>
domain
name
so
that
it
may
be
registered
in
Travelocity's
name.
PARTIES.
JURISDICTION,
AND
VENUE
3.
Plaintiff
Travelocity
is
a
limitedpartnership
organized
and
existing
under
the
laws
of
the
State
of
Delaware,with
its
principal
place
of
business
located
at
3150
Sabre
Drive,Southlake,
Texas
76092.
4.
Pursuant
to
15
U.S.C.
§
1125(d)(2)(C)(i),
a
domain
name
is
deemed
to
have
its
situs
in
the
judicial
district
in
which
the
domain
name
registrar,registry,
orother
domain
name
authority
that
registered
or
assigned
the
domain
name
is
located.
VeriSign
is
the
registryfor
all
domainnames
in
the
".com"
top-level
domain,
and
Verisign's
principal
place
of
business
is
located
inthis
judicial
district
at
21355
RidgetopCircle-Lakeside
III,
Dulles,
Virginia
20166.
Consequently,a
situs
of
the
<travelocityindia.com>
domain
name
is
properly
deemed
to
be
within
this
judicial
district.
5.
This
Court
has
jurisdiction
over
thesubject
matter
of
this
action
pursuant
to
15
U.S.C.
§
1121
and
pursuant
to
28
U.S.C.
§§1331,
1337and1338because
this
case
arises
under
the
Trademark
Act
of
1946,
15
U.S.C.§§
1051,
el
seq.
6.
This
Court
has
jurisdiction
over
the
<travelocityindia.com>
domain
name
pursuant
to
15
U.S.C.
§
1125(d)(2)(A).
Pursuant
to
the
terms
of
thatsection,
the
owner
of
a
trademark
"may
file
an
in
rem
civil
actionagainst
a
domain
name
inthejudicial
district
in
which
the
domain
name
registrar,
domain
name
registry,
orother
domain
name
authority
that
registered
or
assigned
the
domain
name
is
located
if:
(i)
the
domain
name
violates
any
right
of
the
owner
of
a
mark
registered
in
thePatent
and
Trademark
office
...;
and
(ii)
the
court
findsthat
the
owner
-
-2-
(I)is
not
able
to
obtain
inpersonam
jurisdiction
overaperson
who
would
havebeen
a
defendant
in
a
civil
action
under
paragraph
(1)
[ofthe
ACPA];
or
(II)
through
due
diligence
was
not
able
tofind
a
person
who
would
have
been
adefendant
in
a
civil
action
underparagraph
(1)
by
(aa)
sendinga
notice
of
theallegedviolation
and
intentto
proceed
under
this
paragraph
to
the
registrant
of
the
domain
name
at
thepostal
and
e-mailaddress
provided
by
the
registrantto
the
registrar;
and
(bb)
publishing
notice
of
theactionasthecourt
may
direct
promptly
after
filing
the
action."
15U.S.C.
§1125(d)(2)(A).
7.
Travelocity
is
not
able
to
obtain
in
personam
jurisdiction
over
TIPL
or
any
otherparty
who
would
have
been
a
defendant
in
a
civil
action
under
the
ACPA
because
all
such
parties
are
located
in
India
and
do
not
have
the
requisite
minimum
contacts
with
the
United
States.
8.
On
July24,
2009,
Travelocity
sent
a
notice
to
TIPL
informing
it
of
its
violation
of
the
ACPA
and
Travelocity's
intentto
proceedwith
this
lawsuit,
if
necessary.
That
notice
(a
copy
of
which
is
attachedheretoas
Exhibit
A)was
sentto
the
emailaddress
provided
by
TIPL
to
its
registrar
in
connection
with
its
domain
name
registration
(naresh@travelocityindia.com)
and
by
United
Parcel
Service
to
the
physicaladdress
provided
by
TIPL
to
its
registrar.
9.
Venue
is
proper
in
this
Court
pursuant
to
28
U.S.C.
§
1391.
FACTS
GIVING
RISE
TO
THIS
ACTION
A.
Travelocitv
and
Its
Services
10.
Travelocity
is
a
wholly
owned
subsidiary
of
SabreHoldings
Corporation,a
privately
owned
company.
-3-
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