MADISON, Wis. – The CU Executives Society on Friday filed a trademark infringement suit against Digital University, saying the California company has yet to return its trademarked Internet addresses, or URLs, even though an online training and education contract between the two was terminated March 15.
CUES, says the suit, is the owner of all right, title and interest in the CUES Online University trademark.
CUES entered an agreement in October 2008, under which Digital University provided online content for credit union staff and maintained software programs to deliver online training to credit union employees on behalf of CUES. The contract said after the termination of the agreement Digital University will not have the right to use the CUES online name, designs, URLs or logo. These include cuesu.org, cuesupro.org., cuesunet.org., and cuesuplus.org.
Despite a request from CUES after the March 15 end of the contract, Digital University “continues to use the CUES URLs in violation of this agreement and has not transferred the URLs to CUES,” claims the suit.
On March 24, Digital University notified CUES that the company had no control over cuesupro.org and cuesplus.org, and that they were “registered in the name of an individual who has no obligation to sell or transfer them to Digital University.” The individual, it turns out, is Kenneth Thygerson, son of Digital University’s President Keith Thygerson and his address is the same as that of the company’s La Jolla, Calif., headquarters.
CUES claims the continued use of its URLs is an attempt by Digital University to use its well-known name and reputation in the credit union industry and to “palm off Digital University’s as those of CUES.”
The suit claims Digital University is guilty of trademark infringement, anti-cyber squatting laws and fraudulent representation.
Lawyers for Digital University could not be reached for comment.
