Manifest records show a quanitity of 41 CTN with a total weight of 20120 Kilograms arrived on via the vessel MSC SILVIA to the port of Seattle, Washington.EUROTECH PRODUCTS CORP., KENNETH MILLER, 56 ASHFORD DR, BOHEMIA, NEW YORK, 11716 Explore company network. This shipment is registered as coming from KLEIN SA via Valencia,Spain. Elecsys shall provide to such customers the ongoing product support.The following Bill of Lading record outlines a container shipment imported into the US by EUROTECH PRODUCTS CORP. Eurotech brings to its customers a strong international focus and a global coverage counting on operating locations in Europe, North America and Japan.COSMOS EUROPEAN TRAVELS AKTIENGESELLSCHAFT, Defendant.WHEREAS, Elecsys and EuroTech wish to enter into additional agreement with respect. With more than twenty-five years as innovator and pioneer in embedded products and software, Eurotech is globally recognized as a leader in providing end-to-end, simple and ready to use solutions.
Ramsdell, Tyler Bartl Burke & Gorman, P.L.C., Alexandria, VA, for plaintiffs.John Francis Cahill, Carter Ledyard & Milburn, Washington, DC, Rose Auslander, Carter, Ledyard & Milburn, New York City, for defendants.After losing to a registered trademark owner in a WIPO infringement proceeding, the owner of the allegedly infringing domain name brought this declaratory judgment suit to avoid having to comply with the WIPO order to transfer the domain name. A nearly two decade old company based in Bangalore, Eurotech Technologies core competency lies in offering world class passive networking products under the Brand Name 'BESTNET'.With more than twenty-five years as innovator and pioneer in embedded products and software, Eurotech is globally recognized as a leader in providing.*386 *387 Steven B. Virginia, Alexandria Division.Eurotech Technologies is a leading provider of enterprise and small-business networking solutions that help organizations achieve their business and networking objectives. - Addition of officer EUROTECH PRODUCTS CORP, dos process agent.United States District Court, E.D.
("Hellas"), and owns various domain names, including the domain name here in dispute, "cosmos.com."Plaintiff, Hellas, a Greek corporation with its principal place of business in Athens, Greece, facilitates global marketing of various products and services for other companies via the Internet. It also has a number of subsidiaries, including co-plaintiff Eurotech Data Systems Hellas, Ltd. ("Eurotech"), an Illinois corporation with its principal place of business in Illinois, is a firm that provides consumer and business exchange information and technology services to various businesses. Treated here is whether filing and maintaining a WIPO claim can serve as a basis for claims of abuse of process or tortious interference with prospective economic advantage.Plaintiff Eurotech, Inc.
(NSI) by Margaret Young, an individual not affiliated with any of the parties in this dispute. Defendant also operates websites located at the domain names "cosmostours.com" and "globusandcosmos.com" for the purpose of promoting its services by providing travel information for travel arrangements of clients and potential clients.On September 21, 1994, the disputed domain name, cosmos.com, was initially registered with Network Solutions, Inc. Because it has extensively advertised and promoted services relating to its "Cosmos" and "Cosmos Tourama" marks for many years, defendant contends that its marks are famous in the travel industry. Defendant has long made use of the marks "Cosmos" and "Cosmos Tourama" and has registered each in the United States, the United Kingdom, Canada, and Australia for its business of selling and conducting travel tours.
The parties also exchanged e-mail messages discussing various business arrangements. Dino Matingas, Hellas's President, engaged in numerous telephone discussions with Steen Born, Voyagers's director of marketing, concerning a possible business relationship between the two companies. (Voyagers), a subsidiary of defendant, to determine if Voyagers, a company involved in the sale of escorted travel tours to customers in the United States, would be interested in using the cosmos.com website to increase its sales and visibility. Thus, the cosmos.com website contains information provided to Hellas from companies involved in the travel industry, such as hotels and airline providers, as well as general travel information.In 2001, Hellas contacted Group Voyagers, Inc. Participating businesses may contract with Hellas, for the right to use the website to advertise and distribute their products and services. The main web page of the almanac opens directly to a page containing the mark "Cosmos.com Cosmo-travels" and bearing headings for Reservations, *388 Destination Guides, Travel Clubs, Airlines, Hotels, Vacations, and Cruises.
In its WIPO complaint, defendant asserted a claim for trademark infringement based on allegations (i) that defendant had consistently used its registered trademarks "Cosmos" and "Cosmos Tourama " (ii) that the cosmos.com domain name was identical to its "Cosmos" trademark, and confusingly similar to its "Cosmos Tourama" trademark and (iii) that plaintiffs used the cosmos.com domain name as an integral part of a travel business that competes directly with defendant's business. Hellas alleges that at no time during any of the discussions did Voyagers manifest disapproval of Hellas's using the term "cosmos.com," either as a domain name or as the business name of Hellas.On July 20, 2001, defendant, the parent company of Voyagers, filed a complaint with the World Intellectual Property Organization (WIPO) in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP). At the request of Born, they were scheduled to resume in September. Voyagers also offered to purchase the cosmos.com domain name from Hellas, but Hellas also declined this offer.The discussions between Hellas and Voyagers lasted two months, concluding at the end of May 2001. Hellas declined the offer. It is also alleged that Born suggested a link exchange, whereby Hellas would provide a link to Voyagers's website on the cosmos.com website and Voyagers, in turn, would provide a link to cosmos.com from its website.
Cosmos European Travels Aktiengesellschaft, Civil Action No. Plaintiffs then sought to dismiss defendant's counterclaim and to strike the affirmative defenses in defendant's answer.On February 15, 2002, following oral argument, a bench ruling issued, granting defendant's motion to dismiss counts (iii) and (iv) of the complaint, denying plaintiffs' motion to dismiss defendant's counterclaim, and denying plaintiffs' motion to strike defendant's affirmative defenses. §§ 1114, 1125(a), (2) engaged in common law unfair competition, and (3) violated the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. (ii) unlawful conversion (iii) tortious interference with prospective economic advantage and (iv) abuse of process.Defendant responded by seeking threshold dismissal of counts (iii) and (iv) of the complaint and by filing a counterclaim alleging that plaintiffs (1) engaged in trademark infringement and unfair competition under the Lanham Act, 15 U.S.C.
This, the instant plaintiffs cannot do. First, a plaintiff must allege and show that defendant's actions were aimed at injuring the plaintiff's business. Absence of necessary elements of tortious interferenceIn Virginia, maintenance of a tortious interference with prospective economic advantage claim requires, inter alia, alleging and proving two elements.
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