A Florida company has sued a former employee claiming he has infringed on its use of the website www.pillowfightchampionship.com.
Gladiatrix LLC filed its suit October 30 in federal court against Leon Hunter.
Gladiatrix bills PFC as “the world’s first professional pillow fighting league featuring professional fighters engaging in intense, fast-paced and all ages-friendly combat unrivaled by any other professional sports entertainment or fighting organization.
"It’s a ridiculous situation made worse by Leon’s lack of understanding or respect for the law and his personal risk of financial penalties," Gladiatrix and PFC CEO Steve Williams told The Florida Record. "It’s beyond reason why he thinks he deserves to benefit from selling is our own stolen property."
Williams called the matter "a clear case of theft turned into cybersquatting."
"We have all the evidence of theft," he told The Record. "The domain was purchased using our corporate credit card, and the domain was subsequently transferred out of our domain account. We have a Federal Trademark on Pillow Fight Championship, and we signed a settlement agreement with Leon settling all differences. He’s risking a maximum penalty situation for the theft. He obviously doesn’t have any legal representation."
Hunter hosts a blog at the URL in question, according to the complaint.
Gladiatrix says Hunter purchased and registered the domain name in December 2019 when he worked for the company. He purchased it as a business asset for the company using company funds, according to the complaint.
“After a failed business relationship, plaintiff and defendant went their separate ways and entered into a settlement agreement to dispose of outstanding issues,” the complaint states. “Specifically, the settlement agreement dated April 24, 2021, required defendant to return all Gladiatrix property and acknowledge that he is no longer an employee or agent of Gladiatrix. In exchange, plaintiff paid defendant a sum of money and transferred all assets in a separate business to defendant.”
In September 2021, Gladiatrix learned Hunter had not transferred the domain name as required by the agreement. Hunter refused to do so and told the company he would be using the domain name to “cover and criticize Gladiatrix pillowfightchampionship events.”
Gladiatrix CEO Steven Williams said Hunter is trying to extort $50,000 from the company. Hunter claims the figure includes $15,000 in back wages and $35,000 for his interest in the company, according to the complaint. It does say Hunter has lowered his demand to $30,000 total.
The company accuses Hunter of federal trademark infringement and of violating the anti-cybersquatting consumer protection act because it believes he owns similar domain names such as pillowfightchampionship.org.
Gladiatrix seeks to have Hunter be enjoined and restrained from using the company’s trademarks, trade names, website address and advertising keywords as well as keeping him from intentionally criticizing, mocking, disparaging or commentating on plaintiff and plaintiff’s business.
It also seeks an accounting of all profits Hunter has derived using the trademark and domain name in addition to compensatory damages, punitive damages, treble damages, enhanced damages and exemplary damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Gladiatrix also wants the .com website and any similar other ones Hunter owns.
The company is being represented by Kelly Ann desRosiers and Lorri Lomnitzer of Lomnitzer Law in Boca Raton.
U.S. District Court case number 9:23-cv-81438