Facts

Since 1979, defendant Trimont Land Company Inc. used the marks "Northstar" and "Northstar-at-Tahoe" in conjunction with their Northstar resort year-round ski and golf resort and real estate services. Defendant claimed plaintiff Duane Evans attempted to use the goodwill of defendant's marks to promote his own real estate business. Plaintiff registered the name "Northstar Real Estate" as a fictitious business name and the "Northstar" marks on his brochures, web site and metatags, purchased keywords in search engines and used the domain name www.aspen-northstar.com as his business webpage.

Plaintiff filed suit for declaratory relief that his use of "Northstar" in his metatags was a non-infringing use. Defendant cross-claimed alleging trademark claims, cyber-squatting, unfair competition and breach of contract.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended the word "Northstar" had become associated in the public's mind with a specific community location, rather than an indication of defendant's services.

DEFENDANT'S CONTENTIONS:
Defendant contended plaintiff's use of the "Northstar" marks would likely cause confusion and dilution of their own marks. Defendant further claimed that in 2002, the parties entered in an agreement where plaintiff agreed not to use the "Northstar" mark as a business entity or identity.

Result

Settlement whereby plaintiff and defendant entered into a consent judgment where plaintiff agreed that he would discontinue using the name, mark or symbol containing "Aspen-Northstar.com," "NorthstarCA96161.com" or anything confusingly similar to "Northstar" or "Northstar-At-Tahoe" on any website or Internet advertising material. Plaintiff also agreed to transfer ownership of his websites www.aspen-northstar.com and www.northstarca96161.com to defendant's successor-in-interest CNL Income Northstar, LLC.

Other Information

The case was removed to federal court on March 2006. FILING DATE: Feb. 6, 2006.