In this trademark infringement action, the court denied plaintiff's motion for a preliminary injunction, enjoining defendant from continuing to use a domain name that plaintiff contended infringed its common law trademark. Plaintiff operates two web sites. At this location, plaintiff offers home owners a referral service where they can obtain the listings of various professionals, including real estate agents, mortgage brokers and landscapers. Here, plaintiff advertises its business of providing web site development services to real estate agents and others. This service is offered nationwide.
Defendant offers web site development services to real estate agents in portions of Minnesota.
At present, visitors to the home-market.net home page are greeted only by a counter. Defendant currently operates sites for approximately 55 clients. For the reasons stated below, the court declined to issue the injunctive relief. To be entitled to an injunction for trademark infringement, the plaintiff must first establish that it possess a valid trademark. Plaintiff admittedly did not have a federally registered trademark.