Online University Attempts To Use Trademark Law Against Pornographer.

SIOUX FALLS, May 22, 2009 -- Dlorah Inc., better known as NATIONAL AMERICAN UNIVERSITY or NAU, is using trademark law in an attempt to put a pornographer out of business.

The complaint filed with the U.S. District Court for the Western Division of South Dakota accuses online pornographer La Touraine, Inc. of trademark infringement, trademark dilution, false designation of origin, and cybersquatting.

In addition to maintaining classrooms in a number of states, most of National American University's students matriculate online at www.national.edu. La Touraine, Inc. operates a pornographic web site at www.fasttimesatnau.com that calls itself NAUGHTY AMERICAN UNIVERSITY.

La Touraine, Inc. also operates a porn website under the NAUGHTY AMERICAN UNIVERSITY banner at www.naughtyamerica.com. According to the pleading filed by NAU, this web site states, "Naughty America University is where all your college fantesies come true...Catch your favorite fantasy or sorority girls, dorm girls, teachers or just your average college chick...we've caught it all on tape...Episode after episode of college kids having sex in class, in dorms, in closets on floors, wherever they can."

Dlorah Inc. obtained federal registered status for both NATIONAL AMERICAN UNIVERSITY and NAU. They argue the pornographer's trademarks and domain names so resemble Dlorah's marks that they are likely to cause confusion in the marketplace and damage the goodwill associated with Dlorah's own marks.

La Touraine, Inc. filed trademark registration applications with the U.S. government for the marks FAST TIMES AT NAU and NAUGHTY AMERICAN UNIVERSITY.

As part of the federal trademark registration process, the United States Patent & Trademark Office (USPTO) publishes the trademarks seeking registered status in a regularly published gazette to satisfy notice and due process requirements under the U.S. Constitution. The publication period of 30 days is meant to give interested parties an opportunity to oppose the registration of a trademark for good cause. Dlorah Inc. opposed the registrations and later filed suit in South Dakota, where the organization is headquartered.

The primary purpose of trademark infringement laws is to prevent consumer confusion regarding the source of goods and services. The first party to use a trademark may prohibit other parties from using a mark subsequently on connection with similar goods or services if it so resembles the original mark as to cause confusion. If the later mark is so similar, it is deemed to infringe on the prior mark. An award for trademark infringement is designed to help the original owner of the mark to remedy the confusion of consumers through additional marketing and other curative activities.

Trademark dilution laws protect the property interest in a trademark with its "uniqueness" and the good will associated therein.

Cybersquatting is prohibited under the Anticybersquatting Consumer Protection Act. Cybersquatting involves registering, trafficking in, or using a domain name with bad faith intent to profit from a trademark belonging to someone else. The maximum allowable damages under U.S. law for cybersquatting is $100,000.

Dlorah Inc. is asking the federal court to temporarily and permanently enjoin La Touraine, Inc. from using FAST TIMES AT NAU and NAUGHTY AMERICAN UNIVERSITY. They are also asking the court to order La Touraine, Inc.to transfer ownership of the domains www.fasttimesatnau.com and www.naughtyamerica.com to Dlorah Inc. Compensatory and punitive damages are also being sought for the claims of trademark infringement, trademark dilution, cybersquatting and unfair competition.

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