Hells Angels sues California woman over alleged cyberpiracy

In days gone by, motorcycle club the Hells Angels seemed to follow a legal code not found in any American law book. Anyone who crossed it would face judgment in shades of black and blue.

Now, the famed and feared motorcycle club is seeking a more refined path to justice: It is suing a Visalia, California woman in federal court, alleging cyberpiracy and trademark infringement. The club says Fawn Myers illegally registered more than 20 internet domain names associated with the Hells Angels and then placed them up for auction on eBay.

Myers, the club says, registered domain names such as ha-mc.com and 81ca.com through the internet hosting service GoDaddy.com, which is also named in the suit. It was filed this month in US district court in Fresno, California.

The number 81, the suit says, has not only long been an identifier and pseudonym for the Hells Angels, but it also has been used on licensed merchandise such as hats, beanies, bikinis, pins and belt buckles. The letter H is the eighth in the alphabet; the letter A the first.
In her eBay listings, the Hells Angels allege, Myers specifically mentions the association of the domain names with the motorcycle club. The club says that amounts to trademark infringement and cyberpiracy, among other violations of federal law.
The Hells Angels is showing no mercy in its legal demands.

The motorcycle club wants a court judgment that Myers violated its rights under federal and California state statutes. It wants the domain names to be transferred to the club. And they want any profits derived from the domain names, as well as $100,000 (£70,500) in damages for each domain name found to belong to the club.
One legal expert thinks the Hells Angels might have a good case.
David S Welkowitz, an expert in trademark law at the Whittier Law School in southern California, said lawsuits such as the one filed by the Hells Angels are common - as are victories for the trademark owners.
Welkowitz said the key question is whether Myers has any legitimate claim to the domain names, and whether she can withstand a federal cybersquatting statute and prove she didn't make a "bad faith attempt to profit" from the domain names' association with the Hells Angels.
"Putting it on eBay is not going to help you," he said.
Fawn Myers could not be reached for comment, but a man who answered her home telephone number said the case isn't as clear cut as the court file makes it appear.
Terry Myers declined to say how he's related to Fawn, but he said he registered the domain names, not Fawn. And he said there is no way he can fight the Hells Angels.
"I have no money to defend this," he said. "They're going to win in court."

Source:http://www.guardian.co.uk/technology/2009/feb/18/hells-angels-california-internet-piracy