That’s the message coming through loud and clear in a trademark lawsuit filed on September 9, 2010 by D Magazine against Defendants Edwin Bedford, Bob Johnson, and Associated Capital Services, Inc. D Magazine claims that Defendants, doing business as “D Moving,” use a logo that is identical or confusingly similar to D Magazine’s logo. D Magazine asserts causes of action under the Lanham Act, the Anticybersquatting Consumer Protection Act, and Texas state law. D Magazine requests a preliminary and permanent injunction, the transfer of Defendants’ domain name (http://www.dmovingservices.com/) to D Magazine, Defendants’ profits, statutory damages of at least $100,000, treble damages, attorney’s fees, and pre- and post-judgment interest.
On its website and in its lawsuit, D Magazine notes that Defendants formerly operated “Major League Moving” until they were sued by Major League Baseball in a prior lawsuit. Major League Baseball obtained an injunction against Defendants following a default judgment in that lawsuit.
David Harper, Jeffrey Becker, and Jason Bloom, all of Haynes and Boone, LLP, represent D Magazine. The lawsuit is before Chief Judge Fitzwater.