IN THE UNITED STATES DISTRICT COURT
 FOR THE EASTERN DISTRICT OF VIRGINIA
 ALEXANDRIA DIVISION

Civil Action No.

PORSCHE CARS NORTH AMERICA, INC., a Delaware corporation, and
DR. ING. h.c.F. PORSCHE AG, a German corporation,
Plaintiffs,

vs.

PORSCH.COM, an Internet domain name, and the following Internet domain names:
PORSCHECAR.COM,
PORSCHAGIRLS.COM,
928PORSCHE.COM,
ACCESSORIES4PORSCHE.COM,
ALLPORSCHE.COM,
BEVERLYHILLSPORSCHE.COM,
BOXSTER.COM,
BOXSTER.NET,
BOXSTERS.COM,
BUYAPORSCHE.COM,
CALPORSCHE.COM,
E-PORSCHE.COM,
EVERYTHINGPORSCHE.COM,
FORMULAPORSCHE.COM,
IANPORSCHE.COM,
IDOPORSCHE.COM,
LAPORSCHE.COM,
LYNCHPORSCHE.COM,
MYPORSCHE.COM,
NEWPORSCHE.COM,
PARTS4PORSCHE.COM,
P0[zero]RSCHE.COM,
PASSION-PORSCHE.COM,
PORSCHE.NET,
PORSCHE.ORG,
PORSCHE-911.COM,
PORSCHE-911.NET,
PORSCHE-944.COM,
PORSCHE-ACCESSORIES.COM,
PORSCHE-AUTOS.COM,
PORSCHE-BOOKS.COM,
PORSCHE-CARRERA.COM,
PORSCHE-CARS.COM,
PORSCHE-CITY.COM,
PORSCHE-CLASSIC.COM,
 PORSCHE-EXCHANGE.COM,
PORSCHE-LEASING.COM,
PORSCHE-LYNN.COM,
PORSCHE-MODELLCLUB.COM,
PORSCHE-MUNICH.COM,
PORSCHE-NET.COM,
PORSCHE-NL.COM,
PORSCHE-ONLINE.COM,
PORSCHE-RS.COM,
PORSCHE-SALES.COM,
PORSCHE-SERVICE.COM,
PORSCHE-SUPERCUP.COM,
PORSCHE-WEB.COM,
PORSCHE356.COM,
PORSCHE4ME.COM,
PORSCHE4SALE.COM,
PORSCHE911.COM,
PORSCHE911.NET,
PORSCHE911.ORG,
PORSCHE911PARTS.COM,
PORSCHE914.COM,
PORSCHE924.COM,
PORSCHE944.COM,
PORSCHE993.COM,
PORSCHE996.COM,
PORSCHEAG.COM,
PORSCHEAUDIPARTS.COM,
PORSCHEBOOKS.COM,
PORSCHEBOXSTER.COM,
PORSCHECARRERA.COM,
PORSCHECARS.COM,
PORSCHECARSALES.COM,
PORSCHECARSFORSALE.COM,
PORSCHECASINO.COM,
PORSCHECHAT.COM,
PORSCHECLASSIFIED.COM,
PORSCHECLUB.NET,
PORSCHECLUB.ORG,
PORSCHECONNECTION.COM,
PORSCHEDEALER.COM,
PORSCHEDEALER.NET,
PORSCHEDEALERS.COM,
PORSCHEDEALERS.NET,
PORSCHEDIRECT.COM,
PORSCHEDIRECT.NET,
PORSCHEDOCTOR.COM,
PORSCHEFANS.COM,
PORSCHEFLEET.COM,
PORSCHEFORMULA.COM,
PORSCHEFX.COM,
PORSCHEGT.COM,
PORSCHEHAUS.COM,
PORSCHELEASE.COM,
PORSCHELOAN.COM,
PORSCHELOANS.COM,
PORSCHELYNN.COM,
PORSCHEMAIL.COM,
PORSCHENOW.COM,
PORSCHENUT.COM,
PORSCHEONLINE.COM,
PORSCHEOWNER.COM,
PORSCHEOWNERS.COM,
PORSCHEOWNERSCLUB.COM,
PORSCHEPARTS.COM,
PORSCHEPARTS.NET,
RSCHEPHILES.ORG,
PORSCHEPRODUCTS.COM,
PORSCHERACING.COM,
PORSCHERIMS.COM,
PORSCHES.COM,
PORSCHESALES.COM,
PORSCHESALESTODAY.COM,
PORSCHESCAPE.COM,
PORSCHESERVICE.COM,
PORSCHESPLAYHOUSE.COM,
PORSCHESTORE.COM,
PORSCHESTORE.NET,
PORSCHESTUFF.COM,
PORSCHESUCKS.COM,
PORSCHETODAY.COM,
PORSCHETRADER.COM,
PORSCHEWEB.COM,
PORSCHEWORLD.COM,
PORSCHEZENTRUM.COM,
PORSCHEZENTRUM.NET,
PORSHCE.COM,
PRISTINEPORSCHE.COM,
PROSCHE.COM,
ULTIMATEPORSCHE.COM,
USEDPORSCHE.COM,
USEDPORSCHES.COM,
WINAPORSCHE.COM,
        Defendants.

VERIFIED COMPLAINT FOR IN REM TRANSFER AND/OR  FORFEITURE BASED UPON TRADEMARK DILUTION
Plaintiffs Porsche Cars North America, Inc. ("Porsche Cars N.A.") and Dr. Ing. h.c.F. Porsche AG ("Porsche AG") (sometimes collectively "Porsche"), complain and allege as follows:

TABLE OF CONTENTS SUBSTANCE OF THE ACTION  5
BACKGROUND  6

Nature of the Problem  6
The Internet  7
Registration of Domain Names  9
Improper Uses of Domain Names--Pornography  12
Improper Uses of Domain Names-Cybersquatting or Cyberpiracy  13
Improper Use of Domain Names--Sale of Porsche Related or Non-Porsche Related Products  15
In Rem Nature of this Lawsuit  15

JURISDICTION AND VENUE  16
THE PARTIES  17

Porsche  17
Porsche's Rights in the Porsche Trademarks  18
Unauthorized Domain Names  21

FIRST CLAIM FOR RELIEF [Trademark Dilution Under 15 U.S.C. §  1125(c)]  44
PRAYER FOR RELIEF  45
VERIFICATION  47
SUBSTANCE OF THE ACTION

1a This is an in rem action brought against the property or res under the principle that the res itself is guilty of wrongdoing.  Porsche asserts claims against the Internet domain names that are named as defendants in this Verified Complaint (hereinafter collectively the "Domain Names").  The Domain Names dilute Porsche AG's federally registered trademarks and service marks for the world famous trademarks "PORSCHE" and "BOXSTER" in violation of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).  Porsche seeks an injunction and order transferring and/or forfeiting to Porsche the Domain Names, i.e., the res, and such other relief as this Court deems appropriate.

2a The res, i.e., the registry certificates for the Domain Names, are presently located in this Judicial District and in the Commonwealth of Virginia at the offices of the registrar of the Domain Names, Network Solutions, Inc., 505 Huntmar Park Drive, Herndon, VA  20170 (hereinafter "NSI").  Pursuant to its Domain Name Dispute Policy, NSI immediately makes arrangements to deposit the domain name registry certificates for the Domain Names listed in this Verified Complaint into the registry of this Court.  This Court will then have complete dominion and control over the Domain Names.  Pursuant to its Domain Name Dispute Policy, NSI abides by any and all temporary and/or permanent orders of this Court regarding the transfer and/or forfeiture of the Domain Names.


BACKGROUND
 Nature of the Problem

3a The name and trademarks "PORSCHE" and "BOXSTER" are inherently distinctive, fanciful, and arbitrary. "PORSCHE" is the surname of Ferdinand Porsche and his family, founders of Porsche AG.  "BOXSTER" is the name of Porsche's highly successful and popular roadster.

4a "PORSCHE" is one of the most famous and recognized trademarks in the world.  Throughout the world, "PORSCHE" has exclusively become to be known, recognized, and associated with high-quality automobiles, goods, accessories, services, and related goods and services.

5a Because of the world-wide fame and good will of the name and trademark "PORSCHE," an overwhelming number of Internet domain names that use "PORSCHE" or a variation of "PORSCHE" have been registered with NSI.  Some registrations, e.g., PORSCH.COM, PORSCHECAR.COM, and PORSCHAGIRLS.COM involve hard-core pornographic web sites.  Many registrations involve cyberpiracy and cybersquatting by speculators.  In many registrations, the domain name applicant or registrant has used fraudulent information regarding the applicant's name, address, and whereabouts in registering the domain name, thus preventing Porsche from contacting the registrant to take appropriate legal action.

6a Such cybersquatting, cyberpiracy, and other misuse of the trademark "PORSCHE" in Internet domain names results in public confusion, dilution, and fraud, and places an intolerable burden on Porsche.  Even inadvertent conflicts that arise from innocent conflicts result in serious dilution to the trademark "PORSCHE" and irreparable harm to the good will of Porsche.  In the December 23, 1998 Interim Report on the Internet (hereinafter the “WIPO Report”), the World Property Organization noted that “Famous and well-known marks have been the special subject of predatory and parasitical practices by a minority of domain name registrants acting in bad faith.”  WIPO Report at p. iii.  “These practices include the deliberate, bad faith registration as domain names if well-known and other trademarks in the hope of being able to sell the domain names to the owners of those marks, or simply to take unfair advantage of the reputation attached to those marks.”  Id. at p. 6.  The WIPO Report can be found on the Internet at http://wipo2.wipo.int.
The Internet

7a The Internet is a rapidly developing world-wide network of computers that interconnects smaller groups of computer networks and sites through which businesses and individuals can communicate with each other.  On the World Wide Web, which is one part of the Internet, information can be presented on pages of graphics and text ("Web Site").  Commercial enterprises or individuals may use such Web Sites to display information about their goods or services, or may purvey other material such as pornography.  For example, the Internet domain names "PORSCH.COM," "PORSCHECAR.COM," and “PORSCHAGIRLS.COM” are Web Sites that purvey explicit and hard-core pornography.

8a The operation of the Internet is decentralized.  It is accessible to users internationally and is not controlled, owned or administered by any one body.  It would not be technically feasible for a single entity to control or monitor information on the Internet.

9a Every computer connected to the Internet has a unique, numerical address.  These addresses, which are known as Internet Protocol ("IP") numbers, are necessary for computers to communicate with each other over the Internet.  An example of an IP number might be:  98.37.241.30.  Because IP numbers can be cumbersome and difficult for Internet users to remember or use, the IP number system has been overlaid with a more user-friendly system of domain names.  This system allows Internet addresses to be assigned an alphanumeric designation--or domain name--correlated to an IP number.

10a Specialized computers known as "domain name servers" maintain tables linking domain names to IP numbers.  When connecting one Internet computer to another, the Internet has been designed automatically to look up the IP number corresponding to the "domain name" entered by the Internet user.  This system operates invisibly to Internet users.

11a Internet domain names are of special importance since there is no satisfactory Internet equivalent to a telephone directory or directory assistance, and domain names can often be guessed.  A domain name mirroring a corporate name or trademark may be a valuable corporate asset in facilitating communication with a customer base.  On the other hand, a domain name incorporating the corporate name or trademark of another entity creates the potential for substantial dilution, blurring, tarnishment, and consumer confusion since an Internet user may reasonably assume that the domain name is sponsored by, affiliated with, or somehow approved by the owner of the corporate name or trademark.

12a Domain names are comprised of at least two parts, which are called "domain levels."  Each domain level is separated by a period, which is referred to as a "dot."  Top level domains on the Internet are referred to by their Internet "zone" designations, such as ".com," ".org," ".net," ".gov," ".edu," ".mil" etc.  These zones or top level domains are found to the right of the dot.  "Second level" domains, which are commonly referred to as the "domain name," are those characters immediately to the left of the top level domain, such as "PORSCHE" in the domain name "PORSCHE.COM."
Registration of Domain Names

13a The uniqueness of Internet addresses is ensured by the registration services provided by NSI which acts as the "registrar" of domain names in certain top-level domains.  Since 1993, NSI (through a cooperative agreement with the National Science Foundation) has processed applications for domain names for use on the Internet.  NSI maintains the computer database in which Internet users may register or record domain names, chosen by the user, for second level domain names for the ".com," ".org," ".edu," and ".net" top level domains.  A user who registers a domain name becomes a "holder" or "registrant" of the domain name.

14a In registering an Internet domain name, a registrant located anywhere in the world contacts NSI, located in Virginia, and enters into a Registration Agreement with NSI.  By registering a domain name with NSI, the registrant agrees to be bound by NSI's Standard Registration Agreement and Domain Name Dispute Policy which provide in pertinent part:
The Registrant, by completing and submitting its application, represents that the statements in its application are true and that the registration of the selected Domain Name, to the best of the Registrant's knowledge, does not interfere with or infringe upon the rights of any third party. (emphasis added)

15a NSI currently registers over 150,000 domain names per month, or a new domain name every 15 seconds.  The "registration" process is completely automated.  Normally it is completed in a matter of seconds without any action by anyone other than the domain name registrant.  This speedy, automated process is a response to the exponential rate of expansion of the Internet and the corresponding demand for domain names.

16a NSI permits the registration of domain names on a "first-come, first-served" basis.  NSI does not maintain an inventory of domain names, rather domain names are created by the registrant.  NSI does not screen domain name applications, and does not determine conflicting claims of rights to use a domain name that includes a trademark.

17a Because the registration process is completely automated, it is also virtually anonymous.  In order to insulate themselves from liability and make it impossible to effect service of legal process, many cyberpirates list fraudulent or fictitious names and/or addresses for their names or addresses.  Some registrants create offshore corporations which then register the domain names.  For example, several of the domain names listed in this lawsuit using the trademark "PORSCHE" (e.g., "PORSCHE944.COM," "PORSCHE993.COM" "PORSCHE996.COM")  were registered by Holler Enterprises, Inc., Apartado Postal 4818, San Pedro Sula, Honduros, and then sold to third-parties.  Other registrants have transferred their registrations to countries such as Iran (e.g., PORSCHEDEALERS.COM).  The registrants of pornographic Web Sites (e.g., PORSCH.COM and PORSCHECAR.COM) use fictitious addresses (e.g., a non-existent suite number) to insulate the registrants from service of process.  Indeed WIPO noted in its Interim Report, “The absence of reliable and accurate contact details leads to a situation in which the intellectual property rights can be infringed with impunity on a highly visible public medium.”  WIPO Report at p. 15.

18a The registration of a domain name is easily and quickly accomplished.  NSI charges a registrant $70 to register a domain name for a two-year period.  A registrant, however, need not pay in advance when registering a domain name.  Accordingly, registrants are able to register domain names without cost, and many times do so for the purpose of squatting on domain names.  For example, the domain name PORSCHEAG.COM was registered without payment and is now on hold with NSI, presumably for non-payment and eventual deletion.

19a NSI maintains a "Whois" directory that lists the registrant of the domain name along with a purported mailing address.  Based upon Porsche's past experience in domain name disputes and litigation, many of these addresses are fictitious and correspondence and mail directed to these mailing addresses is frequently returned.

20a There are currently over two million registered domain names in NSI's computer database.  A conversion table in the computerized database electronically records the relationship between the more easily-remembered domain name to the IP number of the registrant when another user "calls" the registrant by typing in its domain name as a part of an e-mail address or as a part of a Web site address known as a Uniform Resource Locator or "URL."
Improper Uses of Domain Names--Pornography

21a Some purveyors or panderers of pornography use world famous and easy to remember domain names to provide access to their pornographic Web Sites.  For example, when one calls up on the Internet PORSCH.COM," "PORSCHECAR.COM," or “PORSCHAGIRLS.COM” one is connected to explicit and hardcore XXX pornographic Web Sites that have thousands of pornographic videos, live sex, and other materials than can be accessed by becoming a member, and providing one's credit card number.  The pornographic Web Site found at "PORSCH.COM" averages over 14,450,000 visitors or "hits" per day.

Improper Uses of Domain Names-Cybersquatting or Cyberpiracy

22a Some individuals or entities register famous trademarks or variations of famous trademarks without the consent of the trademark holders for the purpose of selling them to potential users or for the purpose of extorting money from the trademark holder.  For example, the domain name "PORSCHEPARTS.COM" is currently being offered for sale by the Namebase Group, 1355 Stratford Court, Suite 21, Del Mar, California  92014.  An advertisement for the sale of this domain name reads:

P.S.  Don't forget, even if you have a web site address in which you have built equity, the domain:  www.porscheparts.com could be a referring page to your site.  This would direct worldwide traffic to your site and could be extremely valuable to you.  Also, even if you sell parts for other badges, this web address would increase your porche [sic] business.

A true and correct copy of this advertisement is attached hereto as Exhibit A.  Indeed, WIPO recently noted in its Interim Report:

Famous and well-known marks have been the special target of a variety of predatory and parasitical practices on the Internet.  Several terms have been coined to describe these practices: “cybersquatting,” where a person registers as a domain name the mark, often famous or well-known, of another, taking advantage of the registration practice of first-come, first-served, in the hope of either blocking the owner of the mark from using the mark as a domain name, or being able to sell the domain name registration to the owner in return for a healthy premium that is nevertheless less than the amount that the owner would need to spend in litigation to remove the cybersquatter; and “warehousing,” where a person registers many such marks as domain names, thus hoarding up a digital collection of marks that can be offered for sale.

WIPO Report at p. 62.

23a Courts throughout the world have uniformly held that cybersquatting or cyberpiracy constitutes unlawful trademark dilution.  E.g.,  Panavision International, L.P. v. Toeppen, 1998 WL 178553 (9th Cir. April 17, 1998) ("We conclude that Toeppen's registration of Panavision's trademarks as his domain names on the Internet diluted those marks."); Glaxo Plc v. Glaxowellcome Limited, [1996] Fleet Street Reports 388 (England High Court of Justice, Chancery Division) ("The court will not countenance any such pre-emptive strike of registering companies with names where others have the goodwill in those names.  It is an abuse of the system of registration of companies' names.  The right to choose the name with which a company is registered is not given for that purpose."); British Telecommunications PLC et al. v. One In A Million LTD et al, (England Supreme Court of Judicature July 23, 1998) (mere registration of domain name that is the same or similar to famous trademark constitutes misappropriation of good will and may be enjoined).  Citroen, District Court of Frankfurt, January 7, 1991 (2-06 0 711/96) (preliminary injunction granted against registrant of CITROEN.DE).  Oggi Advertising, Ltd v. McKenzie and Ors, CP147/98 (unreported, Baragwanath J., High Court of Auckland, 5 June 1998 (see http://aardvark.co.nz/n357.htm) (court ordered reassignment of domain name because of passing off and conspiracy to misappropriate plaintiff’s reputation)


Improper Use of Domain Names--Sale of Porsche Related or Non- Porsche Related Products

24a Other entities or individuals register and use domain names containing Porsche's world famous trademarks to attract customers to their web site where they advertise and sell Porsche and non-Porsche related products.  These entities and individuals are not affiliated, sponsored by, or approved in any way by Porsche.  When an Internet user enters the word "Porsche" in his or her Internet search engine, an Internet user is directed to such sites.  Examples of Web Sites that sell products relating to Porsche include "ALLPORSCHE.COM" and "CALPORSCHE.COM" which are Web Sites not affiliated, sponsored, or approved by Porsche that respectively sell parts and accessories for Porsche automobiles and sell used Porsche automobiles.  An example of a Web Site that sells non-Porsche related games and toys is "PORSCHE-CARRERA.COM."


 In Rem Nature of this Lawsuit

25a This is an in rem action brought against the property or res under the principle that the res itself is guilty of wrongdoing.  Because many registrants of domain names are entities or individuals of unknown origin who cannot be found or served with process, Porsche has filed this lawsuit as an in rem proceeding.  Porsche is not asserting claims against the registrants of the Domain Names themselves.  Rather, Porsche is asserting claims against the Domain Names themselves.

26a Pursuant to its Domain Name Dispute Policy, NSI, upon the filing of this lawsuit, provides for deposit into the registry of this Court the registry certificate for each Domain Name listed as a defendant in this lawsuit.  Thus, this Court has complete dominion and control over the Domain Names.  Upon Court approval, Porsche will notify each of the registrants of the domain names listed in this lawsuit of the pendency of the lawsuit, that the domain name registered by the registrant has been deposited into the registry of the Court, that Porsche has asserted claims against such domain names, and that Porsche is requesting this Court to enter an injunction against the domain names and order transferring and/or forfeiting each domain name to Porsche.  Upon Court approval, Porsche will mail such notice to the mailing address specified by the registrant in the Registration Agreement with NSI, and listed in NSI's Whois directory.  Any registrant of a domain name that is deposited into the registry of this Court can then appear and object to Porsche's request for an injunction and order transferring and/or forfeiting the domain name to Porsche.  If the objecting registrant has a legitimate use for a domain name using the trademark or variation of the trademarks "PORSCHE" or "BOXSTER" that does not dilute or infringe Porsche's trademark rights, Porsche will request that the Court return such Domain Name to the registrant.


 JURISDICTION AND VENUE

27a This Court has subject matter jurisdiction of this action pursuant to:

     (a) The International Convention for the Protection of Industrial Property, 13 U.S. Treaties and Other International Agreements (1962), implemented by Sections 39 and 44 of the Lanham Act, 15 U.S.C. §§ 1121 and 1126, and by the Judicial Code, 28 U.S.C. § 1331;

    (b) Section 39 of the Lanham Act, 15 U.S.C. § 1121, giving this Court jurisdiction over all actions arising under the Lanham Act without regard to the amount in controversy; and

    (c) The Judicial Code, 28 U.S.C. § 1331, relating to federal question jurisdiction.

28a This Court has jurisdiction over the res, i.e., the Domain Names, by virtue of the fact that the Domain Names have been deposited into the registry of the Court, and independently pursuant to 28 U.S.C. § 1655 and Rules 4(n) and 67 of the Federal Rules of Civil Procedure providing for in rem claims against property located in the judicial district or the State in which the Court sits.

29a Venue is proper in this District in that the res is located in this District, in that a substantial part of the events giving rise to the claim occurred in this District and Porsche is suffering irreparable harm in this District, and under 28 U.S.C. § 1655, in that this is an action to enforce a claim to res located in this District.


THE PARTIES
 Porsche

30a Porsche Cars N.A. is a Delaware corporation with its principal place of business at 980 Hammond Drive, Suite 1000, Atlanta, Georgia  30328.  Porsche Cars N.A. is the U.S. licensee for Porsche AG with exclusive authority to import Porsche motor vehicles, parts, accessories, and related products (such as sportswear, writing instruments, sunglasses, leather goods, jewelry, porcelain, towels, books etc.) into the United States.  (The motor vehicles, parts, accessories, and related products are referred to hereinafter as "Porsche Products.")  Porsche Cars N.A. sells Porsche Products throughout the United States.  Porsche Cars N.A. is the U.S. franchisor of authorized Porsche car dealers.  Porsche Cars N.A. was incorporated in 1984, and has operated as Porsche AG's U.S. distributor since that time.  Porsche Cars N.A. serves the sales and service needs of retail consumers through a franchised dealer body of approximately 200 independent, authorized Porsche dealerships.  Porsche Cars N.A. and its Porsche dealers/franchisees are the only authorized providers of Porsche Products, vehicles, and vehicle maintenance services under the Porsche name, trademarks, and trade dress.

31a Porsche AG is an entity existing under the laws of the Federal Republic of Germany and has its principal place of business in Stuttgart, Germany.  Porsche AG is a manufacturer of motor vehicles and other products and has been selling motor vehicles, parts, and accessories since 1952.
Porsche's Rights in the Porsche Trademarks

32a Continually since 1952, Porsche AG and Porsche Cars N.A. and their predecessors in interest, have used various trademarks, service marks, and trade dress (including the distinctive shape of Porsche's world famous automobiles) developed and owned by Porsche AG in connection with the sale, distribution, maintenance, service, and repair of Porsche Products in the United States.  The trademarks, service marks and trade dress of Porsche are hereinafter collectively referred to as the "Porsche Marks."

33a  Porsche has extensively employed and caused to be advertised and publicized throughout the world, including the United States, the Porsche Marks to identify Porsche Products and services sold under its aegis.

34a Porsche AG is the owner of all right, title and interest in the Porsche Marks, which include, among others, Porsche®, Carrera®, Targa®, and Boxster®, and also the Porsche Crest®, as well as Porsche's trademark rights in the distinctive shapes or trade dress of Porsche automobiles.  Porsche has trademark and trade dress rights in the distinctive shapes and models numbers of its world famous automobiles, including, but not limited to, the Porsche Models 350, 356, 911, 912, 914, 924, 928, 930, 944, 959, 968, 993, 996, and the Boxster.  With respect to the Porsche Marks, Porsche AG owns several United States trademark registrations.  These registrations are valid, unrevoked, subsisting, and incontestible, and constitute prima facie evidence of Porsche AG's exclusive ownership of the Porsche Marks. Porsche's trademark registrations include among others:

    (a) U.S. Registration No. 618,933, registered as a trademark on January 10, 1956, for the underlined word PORSCHE (Stylized) for use with automobiles and parts thereof;

    (b) U.S. Registration Nos. 1,036,454; 1,278,698; 1,279,014; 1,279,059; 1,280,748; 1,315,679; 1,315,853; 1,322,467; 1,370,326; 1,387,727; 1,431,901; 1,503,994; 2,109,826; and 2,112,920, registered as trademarks and service marks for the stylized word PORSCHE;

    (c) U.S. Registration Nos. 618,932; 991,621; 1,008,642; 1,283,461; 1,288,962; 1,292,341; 1,292,862; 1,323,591; 1,366,797; 1,370,470; and 1,503,069, registered as trademarks and service marks for the Porsche Crest;

    (d) U.S. Registration Nos. 1,386,715 and 1,395,591, registered as trademarks for the words PORSCHE CARRERA and CARRERA;

    (e) U.S. Registration No. 889,976, registered as a trademark for the word TARGA; and

    (f) U.S. Registration Nos. 1,928,900; 1,954,404; 2,013,141; 2,034,836; 2,034,900; 2,034,902; 2,034,903; 2,034,904; 2,034,906; 2,045,393; 2,050,159; 2,050,245; 2,050,246; 2,050,247; and 2,050,248, registered as a trademark for the word BOXSTER.

35a Porsche Cars N.A. and Porsche AG have spent millions of dollars and have expended significant effort in advertising and promoting authorized Porsche Products and services and in developing the Porsche Marks in the Unites States and elsewhere.  As a result of such advertising and expenditures, Porsche AG and Porsche Cars N.A. have established considerable good will in the Porsche Marks. The Porsche Marks have become widely known and recognized throughout the world as the symbols of high-quality automotive goods and services.

36a Porsche AG, Porsche Cars N.A., and their franchisees and sub-licensees are the only parties authorized to use the Porsche Marks in connection with the sale, distribution, or advertising of any Porsche Products or any other goods and services, and in connection with the provision of any repair or maintenance services.

37a Porsche has established its own presence on the Internet through the use of domain names.  Porsche has registered and maintains a Web Site at the domain names "PORSCHE.COM" and "PORSCHE-USA.COM."


Unauthorized Domain Names

38a Subsequent to Porsche Cars N.A.'s use of the Porsche Marks, and subsequent to Porsche AG's registration of the same, and without the consent of Porsche Cars N.A. or Porsche AG, the Domain Names set forth in this Complaint have been registered with NSI.  The domain names are described as follows:

39a PORSCH.COM is an unauthorized domain name whose web site portrays explicit hardcore pornography, and was registered by
Domain 4 Sale & Company
15445 Ventura Blvd, #318
Sherman Oaks, CA  91403

40a PORSCHECAR.COM is an unauthorized domain name whose web site portrays explicit hardcore pornography, and was registered by
Try Harder & Company
15445 Ventura, #318
Sherman Oaks, CA  91403

41.   PORSCHAGIRLS.COM is an unauthorized domain name whose web site portrays explicit hardcore pornography, and was registered by
a1 marketing
p.o. box 794
toms river, NJ 08753

42. 928PORSCHE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter squatter
Sharp Shorts
921 Lower Ferry Road
Trenton, PA  08628

43. ACCESSORIES4PORSCHE.COM is an unauthorized domain name whose web site advertises products for Porsche automobiles, and was registered by
Performance Products
7658 Haskell Ave.
Van Nuys, CA  91406

44. ALLPORSCHE.COM is a unauthorized domain name whose web site sells parts and accessories for Porsche automobiles, and was registered by
infinite fiberworks co. dba IFC
51080 sr 124
Racine, OH  45771

45. BEVERLYHILLSPORSCHE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Bob Goodale
19 Perry Street
New York, NY  10014

46. BOXSTER.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Diversified Graphics Incorporated
1700 Broadway NE
Minneapolis, MN 55413

47. BOXSTER.NET is an unauthorized domain name with a commercial web site that sells counterfeit Porsche boutique items, and was registered by
Chuck Hammersmith Real Estate
118 Meadowood Dr.
Burlington, NC  27215

48. BOXSTERS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Allen Vogl
 5302 Mill Stream Drive
St. Cloud, FL 34771

49. BUYAPORSCHE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
The Cobalt Group
2030 First Avenue, Suite 300
Seattle, WA  98121

50. CALPORSCHE.COM is an unauthorized domain name whose web site sells used Porsche automobiles, and was registered by
California Motorsport
322 West El Camino Real
Sunnyvale, CA  94087

51. E-PORSCHE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Joseph Parvin
9 Brendan Place
Lawrenceville, NJ  08648

52. EVERYTHINGPORSCHE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Everything Porsche
17 Beltane Drive
Dix Hills, NY 11746

53. FORMULAPORSCHE.COM is an unauthorized domain name whose web site sells products for Porsche automobiles, and was registered by
FORMULA MOTORSPORTS
FORMULAPORSCHE.COM
Long Island City, NY  11101

54. IANPORSCHE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Ian's Euro Parts
1501 Northwest 22 Court
Pompano Beach, FL  33069

 55. IDOPORSCHE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Little Seattle
idoThat.com
4312 Monte Cristo
Glendale, AZ 85306

56. LAPORSCHE.COM is an unauthorized domain name whose web site uses the Porsche Crest® and Porsche's trade dress, and was registered by
Los Angeles Porsche Dismantler
9813 Glenoaks Blvd
Sun Valley, CA  91352

57. LYNCHPORSCHE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
UEP
1180 Spring Centre South Blvd, Suite 310
Altamonte Springs, FL  32714

58. MYPORSCHE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Hot Rod EMail Services
15034 North 40th Place
Phoenix, AZ  85032

59. NEWPORSCHE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Keith Shanahan/FOR SALE TO AUTHORIZED DEALERS
306 ½ Valencia Rd.
West Palm Beach, FL 33401

60. PARTS4PORSCHE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cyberpirate
Luxury Car Network
3075 Hanely Road
Central Point, Oregon 97502

who advertised the domain name for sale and sold the domain name to
Performance Products
7658 Haskell Ave
Van Nuys, CA 91406

61. P0[zero]RSCHE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cyberpirate and is being trafficked, advertised, and sold by
MAC TRADING
this domain is for sale
9032 NW 12st
Miami, FL 33172

62. PASSION-PORSCHE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Michel Moglia
7, rue Pacifique Rovali
Roquefort la Bedoule, Fr 13830
France

63. PORSCHE.NET is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
porsche.net
34 Manor Road
Sidcup, Kent, DA15 7HT
GB

64. PORSCHE.ORG is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Holler Enterprises, Inc.
Apartado Postal 4818
San Pedro Sula,
HN

65. PORSCHE-911.COM is an unauthorized domain name whose web site advertises parts for Porsche automobiles, and was registered by
EUROPRODUCTS
3135 39th Avenue, Unit 4
St. Petersburg, FL  33714

66. PORSCHE-911.NET is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Connection Communication & Consulting GmbH
Ferdinand Frey Weg 36
Vienna, 1140 Wien
Austria

67. PORSCHE-944.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Scott M. Kleeman
114 Forrest Avenue
Narberth, PA  19072

68. PORSCHE-ACCESSORIES.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Index Quebec Inc.
619 Maguis
Repentigny, Quebec J6A 7J3
Canada

69. PORSCHE-AUTOS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Budget Shipping
168 Earls Court Rd
London, England SW5 9QQ
GB

70. PORSCHE-BOOKS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Robert Bentley, Inc.
1734 Massachusetts Avenue
Cambridge, MA 02138

71. PORSCHE-CARRERA.COM is an unauthorized domain name whose web site sells games and toys, and was registered by
Mar-Stev Sales & Promotions Inc.
1692 50th Ave.
Lachine, QC H8T 2V5
Canada

 72. PORSCHE-CARS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Budget Shipping
168 Earls Court Rd.
London, England SW5 9QQ
GB

73. PORSCHE-CITY.COM is an unauthorized domain name whose web site sells commercial products, and was registered by
Mindwork NET
1861 N. Gramercy Pl
Los Angeles, CA  90028-5804

74. PORSCHE-CLASSIC.COM is an unauthorized domain name whose web site sells commercial products, and was registered by
Connection Communication & Consulting GmbH
Ferdinand Frey Weg 36
Vienna, 1140 Wien
Austria

75. PORSCHE-EXCHANGE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Index Quebec Inc.
619 Marquis
Repentigny, Quebec J6A 7J3
CA

76. PORSCHE-LEASING.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Infosource Business Services
23011 Moulton Parkway, Suite C-1
Laguna Hills, CA 92653

77. PORSCHE-LYNN.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Porsche Lynn
3202 E. Greenway
Suite # 1307-129
Phoenix, AZ  85032

78. PORSCHE-MODELLCLUB.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Porsche Modell Club
zuiderdiep 354
Tweede Exloermond, - 9621 TD
NL

79. PORSCHE-MUNICH.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Porsche Zentrum Munich & Pflasterstrandt Gmbh
Trautweinstr. 3D
Munich, D-81377
De

80. PORSCHE-NET.COM is an unauthorized domain name with a commercial web site that uses the world famous Porsche Crest®, and was registered by
William H. Orr II
1050 Borregas Ave., #155
Sunnyvale, CA  94089

81. PORSCHE-NL.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Sea Eye Productions
Slotlaan 106
Ulvenhout, Noord-Brabant 4851 EE
NL

82. PORSCHE-ONLINE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
abc internet - gesellschaft fuer onlinedienste mbH
Trautweinstr.30
Munich, DE D-81377
DE

83. PORSCHE-RS.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Gilman Handling Limited
Express House, Eurolink Commercial Park
Sittingbourne, Kent ME10 3RN
UK

84. PORSCHE-SALES.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Clifton, W Scott
201 Larkspur Lane
Jackson, NJ  08527

85. PORSCHE-SERVICE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Infosource Business Service
23011 Moulton Parkway, Suite C-1
Laguna Hills, CA 92653

86. PORSCHE-SUPERCUP.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
System Dynamik Design
Vogelsang 6
Pfullendorf, DE  88630
DE

87. PORSCHE-WEB.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Collatech, Inc.
101 Tomaras Ave.
Savoy, IL  61874

88. PORSCHE356.COM is an unauthorized domain name whose web site advertises products for Porsche automobiles, and was registered by
Klasse 356, Inc.
741 North New Street
Allentown, PA  18102

89. PORSCHE4ME.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
 Auto4me.com Inc.
1300 Quarry Ct. #407
Point Richmond, CA  94801

90. PORSCHE4SALE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Kevin Hourigan
1615 Dale Circle N
Dunedin, FL  34698

91. PORSCHE911.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Ad Ventures Management Group, Inc.
1200 Millbury St., #6 F
Worcester, MA  01607

92. PORSCHE911.NET is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Connection Communication & Consulting GMBH
Ferdinanand Frey Weg 36
Vienna, 1140
Austria

93. PORSCHE911.ORG is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Motorcars of South Florida
2600 S. Federal Hwy
Delray Beach, FL 33483

94. PORSCHE911PARTS.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
European Motor Sports
1579 Farmers Lane #296
Santa Rosa, CA 95405

95. PORSCHE914.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Golden Harvest Company
467 Saratoga Ave, Suite 203
San Jose, CA 95129

96. PORSCHE924.COM is an unauthorized domain name whose web site uses the world famous Porsche Crest®, and photographs of Porsche's inherently distinctive automobiles, and was registered by
H. Brons
W.A. Scholtenweg 2
Foxhol, GR  9607 PH
NL

97. PORSCHE944.COM is an unauthorized domain name, and, upon information and belief, was registered by a cyberpirate
Holler Enterprises, Inc.
Apartado Postal 4818
San Pedro Sula,
HN
c/o Paley Law Offices
645 South Center
Suite 243
Seattle, WA  98188

and was then sold to
Imedia, Inc.
1526 Cathead Drive
Arnold, MD 21012

98. PORSCHE993.COM is an unauthorized domain name, and, upon information and belief, was registered by a cyberpirate
Holler Enterprises, Inc.
Apartado Postal 4818
San Pedro Sula,
HN
c/o Paley Law Offices
645 South Center
Suite 243
Seattle, WA  98188

and was then sold to
Motorcars of South Florida
2600 S. Federal Hwy
Delray Beach, FL 33483

99. PORSCHE996.COM is an unauthorized domain name, and, upon information and belief, was registered by a cyberpirate
Holler Enterprises, Inc.
Apartado Postal 4818
San Pedro Sula,
HN
c/o Paley Law Offices
645 South Center
Suite 243
Seattle, WA  98188

and was then sold to
Motorcars of South Florida
2600 S. Federal Hwy
Delray Beach, FL 33483

100. PORSCHEAG.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Thomas In der Rieden
Am Kirchenpfad 3
Spiesen-Elversberg, 66583
DE

101. PORSCHEAUDIPARTS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Southern California Auto Group
3233 Pacific Coast Hwy.
Torrance, CA  90505

102. PORSCHEBOOKS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Richard D. Elliott
15900 NE Noble Street
Vancouver, WA 98682

103. PORSCHEBOXSTER.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Word of Mouth Advertising, Inc.
2849 W. Dundee # 900
Northbrook, IL 60090

104. PORSCHECARRERA.COM is an unauthorized domain name, and, upon information and belief, was registered by a cyberpirate
Mar-Stev Sales & Promotions Inc.
1692 50th Ave.
Lachine, QC H8T 2V5
CA

and was then sold to
Motorcars of South Florida
2600 S. Federal Hwy
Delray Beach, FL 33483

105. PORSCHECARS.COM is an unathorized domain name, and, upon information and belief, was registered by a cybersquatter
Try Harder & Company
15445 Ventura bl, #318
Sherman Oaks, CA  91403

106. PORSCHECARSALES.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
James H. Kabler
1725 Camino Palmero Apt. 428
Los Angeles, CA  90046

107. PORSCHECARSFORSALE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Net-A-Car
207 Center Park Drive Suite 2100
Knoxville, TN  37922

108. PORSCHECASINO.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
WBE
121 Gamble Lane
Sedona, AZ 86336

109. PORSCHECHAT.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Blue Grass Automotive
4520 Shelbyville Road
Louisville, KY  40222

110. PORSCHECLASSIFIED.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Luxury Car Network
3075 Hanely Road
Central Point, Oregon  97502

111. PORSCHECLUB.NET is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
porscheclub.net
34 Manor Road
Sidcup, Kent, DA15 7HT
GB

112. PORSCHECLUB.ORG is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Holler Enterprises, Inc.
Apartado Postal 4818
San Pedro Sula,
HN

113. PORSCHECONNECTION.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Karen Townsend
8 ½ Garden Ave
San Rafael, CA 94903

114. PORSCHEDEALER.COM is an unauthorized domain name with a commercial web site, and was registered by
The Cobalt Group
2030 First Avenue, Suite 300
Seattle, WA  98121

115. PORSCHEDEALER.NET is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
 J. Ricotta
Oaklands, Essex Road
Hoddesdon, Hers EN11 OBX
UK

116. PORSCHEDEALERS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cyberpirate
Global Net 2000
P.O. Box 18794
Encino, CA  91416-8794

and was then transferred to
Global Net 2000
166 North Sofrevari St.
(Apadena Corner) - Record Building
Tehran, Tehran 15577
IRAN

117. PORSCHEDEALERS.NET is an unauthorized domain name, and upon information and belief, was registered by a cyberpirate
TeleSource, Inc.
4630 S. Kirkman Rd Suite 335
Orlando, FL  32811

and was then sold to
J. Ricotta
Oaklands, Essex Road
Hoddesdon, Herts EN11 OBX
UK

118. PORSCHEDIRECT.COM is an unauthorized domain name with a commercial web site, and was registered by
Daniel Kaufman
123 W. 94 Street
New York, NY 10025

119. PORSCHEDIRECT.NET is an unauthorized domain name with a commercial web site, and was registered by
Star Automotive
4000 Towerside Terrace
Miami, FL  33138

120. PORSCHEDOCTOR.COM is an unauthorized domain name, and was registered by
Porsche Doctor
Albury, 3 Victoria Rd West
Blundellsands, Merseyside L23 8UG
UK

121. PORSCHEFANS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
PorscheFans c/o Imagenuity
7732 Speer Avenue, Suite C
Huntington Beach, CA  92647

122. PORSCHEFLEET.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Fleet USA
1769 Morning Canyon Road
Diamond Bar, CA 91765

123. PORSCHEFORMULA.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
FORMULA MOTORSPORTS
32-16 37th Ave.
Long Island City, NY  11101

124. PORSCHEFX.COM is an unauthorized domain name with a commercial web site, and was registered by
Porsche FX
14234 Kittridge
Van Nuys, CA  91405

125. PORSCHEGT.COM is an unauthorized domain name, and, upon information and belief, was registered by a cyberpirate
PorscheHaus Inc.
10315 Cote de Liesse
Dorval QC, H9P 1A6
CA

and then sold to
Online Motorsports
25215 Oak Street #14
Lomita, CA 90717

126. PORSCHEHAUS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
Porsche Haus Inc.
10312 Cote de Liesse
Dorval, QC H9P1A6
CA

127. PORSCHELEASE.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
NetBranch
3050 Five Forks Trikum Road
Suite 247
Lilburn, GA  30047

128. PORSCHELOAN.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
NetBranch
3050 Five Forks Trikum Road
Suite 247
Lilburn, GA  30047

129. PORSCHELOANS.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
NetBranch
3050 Five Forks Trikum Road
Suite 247
Lilburn, GA  30047

130. PORSCHELYNN.COM is an unauthorized domain name, and, upon information and belief, was registered by a cybersquatter
PORSCHELYNN.COM
100 Jasper Road
New York, CA 90210

and is currently being advertised for sale by
Domain4Sale, MakeOfferDomainClub.com
Portland, OR  97216

131. PORSCHEMAIL.COM is an unauthorized domain name, and, upon information and belief, was registered by a cyberpirate
infosource
23011 Moulton Pkwy. C-2
Laguna Hills, CA  92653

and then sold to
Mail Services Dept.
P.O. Box 7227
Boca Raton, FL 33431

132.  PORSCHENOW.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Anderson-Beihel
979 Bellomo Ave
Sunnyvale, CA 94086

133. PORSCHENUT.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
The Buffalo Mountain Company
P.O. Box 82
Willis, VA  24380-0082

134. PORSCHEONLINE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
AMG Inc.
1200 Millbury St. #6 F
Worcester, MA  01607

135. PORSCHEOWNER.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Labov & Beyond Marketing
Communications, Inc.
609 East Cook Road
Fort Wayne, IN  46825

136. PORSCHEOWNERS.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
 Daniel Kaufman
123 W 94th Street
New York, NY 10025

137. PORSCHEOWNERSCLUB.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Porsche Owners Club
1725 17th Lane
Lake Worth, FL  33463

138. PORSCHEPARTS.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
NameBase
1355 Stratford Ct. #21
Del Mar, CA  92014

139.   PORSCHEPARTS.NET is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Tracy Performance
29069 Calahan
Roseville, MI 48066

140. PORSCHEPHILES.ORG is an unauthorized domain name, and upon information and belief, was registered by a cyberpirate
Porschephiles Operations
5025 N. Central Ave., #441
Phoenix, AZ  85012

and then sold to
Porschephiles Operations
3439 NE Sandy Blvd., #290
Portland, OR

141. PORSCHEPRODUCTS.COM is an unauthorized domain name with a commercial web site, and was registered by
Euro Nation
9375 Fountainbleu Blvd.
Miami, FL  33172

142. PORSCHERACING.COM is an unauthorized domain name with a commercial web site, and was registered by
FastTech Motorsports
824 Walsh Road
Madison, WI  53714

143.  PORSCHERIMS.COM is an unauthorized domain name,and upon information and belief, was registered by a cybersquatter
Rims for Your Car
4618 Townsend Ave.
Los Angeles, CA 90041

144. PORSCHES.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Garry Chernoff
#3-45 Green Ave. West
Penticton, BC  V2A7E5
CA

145. PORSCHESALES.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Bill Hodges
6008 Bayshore Dr
Harrison, TN  37341

146. PORSCHESALESTODAY.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Porschesalestoday
2104 Clark Lane
Redondo Beach, CA  90278

147. PORSCHESCAPE.COM is an unauthorized domain name with a commercial web site using the world famous Porsche Crest®, and was registered by
Mark Gomez
2330 Brookhaven Pass
Vista, CA  92083

148. PORSCHESERVICE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Central Predicting Corp.
1012 Country Lane
West Trenton, NJ 08628

149. PORSCHESPLAYHOUSE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Lynn Porsche
3202 E. Greenway
Suite # 1307-129
Phoenix, AX  85032

150. PORSCHESTORE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
United Equity Partners, Inc.
1180 Spring Centre South Blvd. #320
Altamonte Springs, FL  32714

151. PORSCHESTORE.NET is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
United Equity Partners, Inc.
1180 Spring Centre South Blvd. #320
Altamonte Springs, FL  32714

152. PORSCHESTUFF.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Michael O’Neill
5050 N. Larkin St.
Whitefish Bay, WI 53217

153. PORSCHESUCKS.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Web Works International, Inc.
3497 All American Blvd.
Orlando, FL 32810

154. PORSCHETODAY.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Richard Diegel
P.O. Box 77
Katonah, NY 10536

155. PORSCHETRADER.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Marco Polo Publications, Inc.
520 Hickorynut Ave.
Oldsmar, FL  34677

156. PORSCHEWEB.COM is an unauthorized domain name with a commercial web site using the world famous Porsche Crest®, and was registered by
Porsche Web
1154 E. Arques Avenue
Sunnyvale, CA  94086

157. PORSCHEWORLD.COM is an unauthorized domain name, and upon information and belief, was registered by a cyberpirate
Hidden Valley Enterprises
P.O. Box 150331
Lufkin, TX  75915-0331

and then sold to
Porscheworld.com
1328 South Bundy Dr. #3
Los Angeles, CA 90025

158. PORSCHEZENTRUM.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
abc internet - gesellschaft fuer onlinedienste mbH
Frankfurter Ring 193 a
Munich, DE  D-80807
DE

159. PORSCHEZENTRUM.NET is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
 abc internet - gesellschaft fuer onlinedienste mbH
Trautweinstr.30
Munich, DE  D-81377
DE

160. PORSHCE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
The Misspellers Rescue Company
11345 Highway 7, Suite 422
Minnetonka, MN  55305

161. PRISTINEPORSCHE.COM is an unauthorized domain name, and, upon information and belief, was registered by a former infringer of Porsche
Pristine Motorsports
225 5th Street
Huntington Beach, CA 92648

162. PROSCHE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
The Misspellers Rescue Company
11345 Highway 7, Suite 422
Minnetonka, MN  55305

163. ULTIMATEPORSCHE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Mike Selner
1473 Albemarle St.
St. Paul, MN  55117

164. USEDPORSCHE.COM is an unauthorized domain name, and upon information and belief, was registered by a cyberpirate
AJ Wilson
2041 Paseo Dorado
La Jolla, CA  92037
and then sold to
pchl advertising
337 east 18th st. unit a
Costa Mesa, CA 92627

165. USEDPORSCHES.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
AJ Wilson
P.O. Box 611
La Jolla, CA  92038

166. WINAPORSCHE.COM is an unauthorized domain name, and upon information and belief, was registered by a cybersquatter
Auer Gesmbh -Autoweb
Ladestrasse 4
Woergl, 6300
Austria
 FIRST CLAIM FOR RELIEF

 [Trademark Dilution Under 15 U.S.C. § 1125(c)]

167. Plaintiffs reallege and incorporate herein the allegations contained above.

167. The Porsche Marks, including the trademarks "PORSCHE" and "BOXSTER," have become famous and distinctive throughout the world through Porsche AG's and Porsche Cars N.A.'s continuous and exclusive use of them in connection with Porsche Products and services.

168. Because Porsche Products and services have gained a reputation for superior quality and excellence, the Porsche Marks (which are always used in connection with Porsche Products and services) have gained substantial fame, renown, and good will.

169. Domain names that use the Porsche Marks, including the trademark "PORSCHE" and "BOXSTER,"  have caused and continue to cause irreparable injury to and dilution of the Porsche Marks' distinctive quality in violation of Porsche's rights under 15 U.S.C. § 1125(c).  The Domain Names dilute, blur, tarnish, and whittle away the distinctiveness of the Porsche Marks.  The Domain Names further misappropriate the good will of the Porsche Marks.

170. As a direct and proximate result, Porsche AG and Porsche Cars N.A. have suffered irreparable harm to the valuable Porsche Marks.  Unless the Domain Names are transferred and/or forfeited to Porsche, Porsche will continue to be irreparably harmed.

171. Porsche has no adequate remedy at law that will compensate for the continued and irreparable harm they will suffer if the Domain Names are not transferred and/or forfeited to Porsche.
PRAYER FOR RELIEF

WHEREFORE, Porsche AG and Porsche Cars N.A. pray for judgment and relief as follows:

1.   That the Domain Names set forth in this Verified Complaint and deposited in the registry of the Court be preliminarily and permanently transferred and/or forfeited to Porsche in order that Porsche may permanently cancel their registration with NSI.

2. For such other and further relief as the Court may deem just and proper.
 

 PORSCHE CARS NORTH AMERICA, INC.,
a Delaware corporation, and
DR. ING. h.c.F. PORSCHE AG, a
German corporation

By counsel

RICHARDS McGETTIGAN REILLY
& WEST, P.C.S
Suite 700
King Street Station
225 Reinekers Lane
Alexandria, VA  22314-2822
(703) 549-5353
 

By: _________________________________
John F. Anderson
Virginia Bar No. 20710
 

OF COUNSEL:

Gregory D. Phillips
HOWARD, PHILLIPS & ANDERSEN
Suite 230, 560 E. 200. S.
Salt Lake City, Utah  84102
(801) 366-7471
VERIFICATION STATE OF GEORGIA )
: ss.
COUNTY OF FULTON )

  Patricia R. Britton, under penalty of perjury, states:  That she is General Counsel of Porsche Cars North America, Inc.; that she has read and is familiar with the contents of the foregoing Verified Complaint; that to the best of her knowledge, information, and belief the allegations thereof are true and correct.

Executed this ___ day of December, 1998 in Atlanta, Georgia
 

____________________________
PATRICIA R. BRITTON