This article originally appeared at The WHIR
A GoDaddy reseller and web design company is suing GoDaddy for use of the “It’s Go Time” slogan, according to a report Friday by DomainNameWire. The lawsuit was filed on Tuesday in Springfield, Ill., where the plaintiff is based.
According to the report, GoWeb1, owned by plaintiff The Easy Life, LLC, had emailed newsletters to its GoDaddy account manager using the It’s Go Time slogan since at least October 2011, two years before GoDaddy trademarked it. The It’s Go Time slogan appears on its website in a screenshot from Aug. 19, 2012.
GoDaddy applied for the trademark on intent-to-use basis, and the slogan appeared in its advertising as of September 2013, when the company launched a new SMB-focused brand strategy and TV commercials. The plaintiff first notified GoDaddy of its “prior rights” and the infringing content by letter on Oct. 8, 2013.
The slogan also appeared in GoDaddy’s Super Bowl 2014 commercials, including one featuring Danica Patrick.
Currently, “It’s Go Time” appears on GoWeb1’s website, displayed prominently on the home page and again at the top of the page near its social buttons and support number. Though, as DomainNameWire points it, it could have “ramped up this use after GoDaddy filed its trademark application.”
“As a result of Plaintiff’s excellent reputation, the services offered in connection with the IT’S GO TIME mark are widely recognized as emanating from Plaintiff and are very well received among purchasers of such services,” the lawsuit said.
“[GoDaddy’s] services significantly overlap the services offered by Plaintiff in connection with the use of the IT’S GO TIME mark.” GoWeb1 has been a GoDaddy reseller since 2006.
The Easy Life LLC is looking for “equitable relief, compensatory damages, punitive damages, and attorneys’ fees and costs incurred by reason of Defendant’s wrongful conduct.”
In addition to damages, the plaintiff is asking the court to order GoDaddy to recall its advertising and block access in the US to any of its websites that use the It’s Go Time slogan.
This article originally appeared at: http://www.thewhir.com/web-hosting-news/web-design-firm-hosting-reseller-sues-godaddy-using-go-time-slogan
