This is an action for (1) a violation of 36 U.S.C. § 30905 (asserting BSA’s exclusive rights to emblems, badges, marks, and words); (2) trademark infringement under 15 U.S.C. § 1114(a) (Lanham Act § 32(a)); (3) unfair competition under 15 U.S.C. § 1125(a) (Lanham Act § 43(a)); (4) trademark dilution under 15 U.S.C. § 1125(c) (Lanham Act § 43(c)); …
(5) cybersquatting under 15 U.S.C. § 1125(d) (Lanham Act § 43(d)); and (6) related causes of action under the laws of the State of Texas.
As set forth below, the actions listed above arise, inter alia , out of Defendants’ use in commerce of the marks, words and names MAKER SCOUT and MAKER SCOUT SCIENCE TECHNOLOGY ENGINEERING ART MATH (collectively, “the Maker Scout Marks”) in connection with goods and services similar and/or related to those of BSA, Defendants’ registration and use of the domain name “makerscout.com” (the “Maker Scout Domain”) containing Defendants’ website (the “Maker Scout Website”), which displays the offending marks, words and names, and Defendant’s use of MAKER SCOUT on social media web-sites such as Twitter®
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