Secret Boston LLC v. Fever Labs, Inc. (D. Mass. 21-cv-11087).

  • July 1, 2021

School Family Media ( 201cSFM 201d) sued School Tool Box ( 201cSTB 201d) under the Anti-Cybersquatting Consumer Protection Act and the Lanham Act. SFM runs a website, www.teacherlists.com, that allows teachers to list materials their students will need and allows parents to order the materials online by providing connections to school supply vendors. SFM asserts that, as of November 2017, close to one and a half million supply lists were posted to the site and that the site had attracted nearly six million page views in 2017 alone. Based on this, and on several awards that the site has received, SFM asserts that the (as-yet unregistered) TeacherLists 2122 mark is famous. SFM obtained many similar sounding domain names to prevent others from selecting a domain name too close to its own, but mistakenly allowed its registration of 201cteacherlist.com 201d to lapse. STB, a business that sells school supplies to PTO and PTA organizations, is alleged to have registered 201cteacherlist.com 201d and to have that site redirect traffic to its www.schooltoolbox/teacherlist/ site that is alleged to be substantially identical to SFM 2019s site. SFM further alleges that the computer source code for the STB site was literally copied from SFM 2019s site. Finally, SFM alleges that, after notifying STB of its concerns with the new website, SFM 2019s Facebook page was merged into a TeacherList Facebook page, believed to have been caused by STB.


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