College Sues Porn Site Over Its Name

[Lee]

National American University, which has campuses in several states, is suing a pornography site, claiming trademark violations and cyber piracy for its use of Naughty American University and the acronym NAU.

Dlorah Inc. filed the civil complaint in federal court in Rapid City, where the company is based, against La Touraine Inc., a corporation registered in Nevada with a San Diego business address.

The lawsuit seeks to prevent the use of the school's trademark and also asks a jury to award financial damages.

Dlorah has operated under the National American University and NAU names since 1997 and offers associate, bachelor's and master's degree programs on 16 campuses in South Dakota, Colorado, Kansas, Minnesota, Missouri, New Mexico and Texas. It also has distance learning courses over the Internet.

NAU has spent millions of dollars promoting its trademark names through advertising on various mediums, the lawsuit states.

But on Sept. 12, 2003, La Touraine registered a domain name and started offering pornographic and sexually explicit adult entertainment services under a Web site called Naughty American University.

On March 13, 2004, La Touraine began selling sexually explicit content with college and academic themes under a Web site named Fast Times at NAU. The company sought to trademark the name but abandoned the effort after Dlorah filed an opposition, according to the complaint and attached documents.

Both names are "nearly identical in sight, sound and commercial impression" to National American University and its acronym, the lawsuit states.

Besides making money off the names, La Touraine's use of them likely creates confusion among students, potential students, alumni and parents, and causes people not to seek the school's education services, it claims.

"These activities are likely to cause consumer confusion and harm Plaintiff's goodwill established in its National American University and NAU trademarks," it states.

A man contacted Thursday at La Touraine in San Diego said he did not want to comment. The company's lawyers have not yet filed responses to the complaint in court.

Dlorah's attorney did not immediately return a telephone call.

http://www.sfgate.com/cgi-bin/articl...n035603D96.DTL

Say what? Naughty America University sounds nothing at like North American Universisty to me other than the 'American/America University' part of course.

I guess this university cant get a government bailout so they went for the next best thing.

Regards,

Lee

[DrChango]

was wondering about that...thought it would be Northern Arizona University who would strike first

[gaybucks_chip]

This is the most ridiculous thing I've ever heard. Unless National American University has a trademark on NAU (which I can't imagine they do, given there's Northern Arizona U and lots of other NAUs) this will get bounced out of court, and probably, in the process, get Naughty American U a ton of members.

Dumbasses.

[nickbaer]

That University should think twice before wishing for something.

[basschick]

well, the article does say:

The lawsuit seeks to prevent the use of the school's trademark and also asks a jury to award financial damages.

This is the most ridiculous thing I've ever heard. Unless National American University has a trademark on NAU (which I can't imagine they do, given there's Northern Arizona U and lots of other NAUs) this will get bounced out of court, and probably, in the process, get Naughty American U a ton of members.

Dumbasses.

[gaybucks_chip]

Well, I stand corrected.

Somebody at the US Patent and Trademark Office is asleep at the switch. They granted a trademark for the mark "NAU" to Northern Arizona University for the class 100.101.107, which is for providing educational services, but then they ALSO granted a trademark for the mark "NAU" to National American University. in the exact same class. That is a big no-no, and I can't believe that Northern Arizona University didn't object. There are several other NAU marks out there (cutlery, luggage, etc) but not in the same class as these two.

But the stupid thing is, the mark that Naughty American was trying to get was for "Fast Times at NAU", not for "NAU", and specifically was in the class of "adult entertainment website", not in the class of providing educational services. There's no case here. It would be like Delta Airlines claiming that Delta Dental couldn't use the same name "delta" because it would be too confusing; they are completely different trademark classes.

The people at National American University are treading on really thin ice. If Northern Arizona U gets wind of this, they will no doubt raise a stink, which will cause National American to lose their mark, since, as far as I know, you can't have two owners of identical trademarks in the exact same class, and Northern Arizona has had their mark a couple years before National American did.

This makes me want to put out a DVD called "National American Boys"

[boygloryhole]

interesting article...

[born4porn]

Well, I stand corrected.

Somebody at the US Patent and Trademark Office is asleep at the switch. They granted a trademark for the mark "NAU" to Northern Arizona University for the class 100.101.107, which is for providing educational services, but then they ALSO granted a trademark for the mark "NAU" to National American University. in the exact same class. That is a big no-no, and I can't believe that Northern Arizona University didn't object. There are several other NAU marks out there (cutlery, luggage, etc) but not in the same class as these two.

But the stupid thing is, the mark that Naughty American was trying to get was for "Fast Times at NAU", not for "NAU", and specifically was in the class of "adult entertainment website", not in the class of providing educational services. There's no case here. It would be like Delta Airlines claiming that Delta Dental couldn't use the same name "delta" because it would be too confusing; they are completely different trademark classes.

The people at National American University are treading on really thin ice. If Northern Arizona U gets wind of this, they will no doubt raise a stink, which will cause National American to lose their mark, since, as far as I know, you can't have two owners of identical trademarks in the exact same class, and Northern Arizona has had their mark a couple years before National American did.

This makes me want to put out a DVD called "National American Boys"

nice post .... this really does look like a can of worms .....