Law Offices of David G. Arganian, Seattle, WA

Gap Files Cybersquatting Suit Against TheGap.Com

Apparel company The Gap Inc. filed a cybersquatting lawsuit (PDF) Thursday in U.S. District Court for the Eastern District of Virginia against the Mumbai-based owners of the domain name thegap.com.

Although Gap has had a "The" in its trademarked name since 1972, according to the complaint, it only registered Internet domain names for gap.com, gapkids.com and babygap.com when the company established its online presence in the 1990s.

A company called The Gap Entertainment got there first, registering the domain name in question in 1994, according to the complaint. Visiting the domain takes Internet users to what appears to be a gift card deal site. The lawsuit claims that the site uses fraudulent promises of high-value gift cards to lure consumers into entering personal information.

The domain registration is set to expire in March 2012.

The use of thegap.com "is likely to cause confusion, to cause mistake or to deceive consumers" about whether Gap is linked to the unaffiliated site, the company alleges in its complaint.

Gap is represented by John Margiotta and Alexander Greenberg of New York-based IP firm Frost Zelnick Lehrman & Zissu. John Jennison of Jennison & Schultz in Arlington, Va., is serving as local counsel.



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