FORT LAUDERDALE -- A father and son who own a vacation property at Bimini Sands Resort and Marina in South Bimini, Bahamas are fighting to clear their name from a domain name dispute.
Thomas Esch and his son James filed a complaint for interpleader in the U.S. District Court for the Southern District of Florida on Aug. 9. According to the complaint, Esch received a “cease and desist” letter June 22 from Bimini Sands Marina, Limited (Marina Ltd) and South Bimini International Limited.
The complaint stated Bimini Sands Marina is the owner of the marina at the resort, while South Bimini International “has an ownership interest in certain common elements located at the resort.”
A father and son who own a vacation property at Bimini Sands Resort and Marina in South Bimini, Bahamas are fighting to clear their name from a domain name dispute.
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Marina Ltd. and South Bimini allege Thomas and James worked with Brad G Michael to improperly “cyber-squat” on two domain names, biminisands.com and the thebiminisands.com.
Michael is owner of Rentals at Bimini Sands Inc., a rental agent for homeowners and marina slip holders at the resort, as well as for Marina Ltd. and/or South Bimini Ltd, according to the complaint.
The lawsuit said Bimini Sands International was the initial registrant and owner of the domain biminisands.com, the original advertising and information portal for the development.
“BSI may have an ownership interest in the successor domain, thebiminisands.com, and may have ‘first use’ of that site as well as in the trademarks, trade names and any collateral property interests,” the lawsuit states.
The complaint for interpleader added that Michael and/or Rentals and/or BSI may have an ownership interest and/or legal or equitable interest in at least one of those websites, including the related trademarks, trade names and collateral property interests.”
“Neither Thomas Esch nor James Esch have ever claimed an interest in nor exercised possession, custody or exclusive control of any property of any of the defendants,” the complaint stated. “Moreover, neither Thomas Esch nor James Esch ever had a pecuniary interest or other business association with Mr. Michael, rentals or any other business associated with the resort.”
The father and son said they have suffered damages and incurred costs and expenses in attorney fees because of Marina's and South Bimini's assertions.
Marina and South Bimini are demanding for the domains to be returned to the two companies’ exclusive use and threatened causes of action for “cybersquatting” and violations of their “intellectual property, trademarks and domains,” the complaint stated.
Thomas Esch and James Esch said the defendants’ claims are conflicting as they have each asserted an interest or appears to have an interest in the domains and related intellectual property.
“The plaintiffs are unable to determine the respective interests of the defendants in the domains and related intellectual property and, accordingly, have no adequate remedy at law,” the interpleader stated. “The plaintiffs do not vouch for the validity of any of the claims asserted by any of the defendants, and, indeed, the plaintiffs call upon each of them to make proof of same before this court.”
The father and son asked to “be discharged of any and all liability” and to be awarded damages, reasonable attorney fees and court costs.