Parisi v. Netlearning, Inc.

139 F.Supp.2d 745 (2001)

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Nature of the Case

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Facts

In 1996, Parisi (P) filed a trademark application for NetLearning and then registered the website netlearning.com. The trademark was not approved based on confusion with Learn Net. P abandoned that application but continued to use the website. D began using the mark Net Learning The Ultimate Learning System in 1997. D began using its site, Net-Learning.com, in 1997. Eventually, D offered to purchase netlearning.com for $22,500. D then initiated UDRP administrative proceedings challenging the registration. D got the majority vote, and P was directed to transfer the registration. P filed a declaratory judgment action seeking a declaration of lawful use under the ACPA and a declaration of infringement under the Lanham Act. D moved for dismissal on the grounds that the actions were an improper motion to vacate an arbitration award in that Pi failed to assert any grounds cognizable under the FAA for setting aside an arbitration award and that his action was time-barred under the FAA because it was not served within three months.