Court grants a preliminary injunction, enjoining defendant, after a sixty day period, from continuing to operate a web site at a domain which contains a variant spelling of plaintiff's federally registered trademark. Plaintiffs own the federally registered trademark First Jewellery, which they use in connection with their business of selling jewelry at wholesale to jewelry retailers in both Canada and the United States. Plaintiff does not sell its products at retail.
Jewellery is a British variant of the word Jewelry.
Plaintiffs first registered their trademark in 1990. Defendant commenced its use of this domain on or about June 23, 1999. Finding that plaintiffs had succeeded in establishing a likelihood that they would prevail on their claim that defendant's activities infringed their mark, the court granted the injunction on the terms discussed below. The court found that plaintiff was the owner of a valid federally registered mark entitled to protection. The court also determined that plaintiff had shown that defendant's use was likely to cause confusion.