Bellingham, WA- Heidi Powell, a Celebrity Television trainer and star of ABC’s Extreme Weight Loss show has sued 60-year old Bellingham, Washington Grandmother Heidi Powell in Federal Court over who has the rights to the domain name www.HeidiPowell.com.
In 2010, Trainer and fitness coach Heidi Solomon (Heidi Lane) became Heidi Powell, when she married her now husband, Chris Powell, who also stars on ABC’s Extreme Weight Loss show. In 2011, Trainer Heidi Powell first appeared on the Extreme Weight Loss show as a “transformation specialist, according to USAtoday.com. She became the shows co-host in 2014.
Bellingham Grandmother Heidi Powell has been married to Kent Powell since 1979. In 2005 her husband gave her the web domain name www.HeidiPowell.com as an anniversary present.
When Trainer Heidi Powell tried to register the domain name www.HeidiPowell.com on April 19th of 2016, she found out it had already been registered by the husband of Bellingham Grandmother Heidi Powell on or around November 26th, 2005.
According to an article by domainnamewire.com, Trainer Heidi Powell went with HeidiPowell.net but also tried to purchase the domain name HeidiPowell.com. When Grandmother, Heidi Powell refused to sell the domain name, Trainer Heidi Powell, filed a lawsuit in federal court in July of 2016. Trainer Heidi Powell, claimed that grandmother Heidi Powell was cybersquatting by owning the .com that matches her own name. The lawsuit claims the domain name remained in a parked status, meaning the domain name was registered but not associated with any services such as email or a website containing content until over a month after the lawsuit had been filed. The website was said to occasionally be redirected to a third-party website, that offered web design services or it was left in a “free parked status” with godaddy.com, meaning the domain name then showed advertisements of third-party websites of Godaddy’s choosing.
Grandmother Heidi Powell’s Lawyers filed a $100,000 counter suit. She is being represented pro bono by Washington D.C. lawyer David Weslow of Wiley Rein LLP, who focuses their practice on litigation and transactions involving trademarks, copyrights, and domain names. The counter suit claims reverse domain name hijacking and is asking for statutory damages of $100,000 and is asking the court to award legal fees.
Lawyers for trainer Heidi Powell have went as far as bringing up an unfortunate 2012 bankruptcy case that the Grandmother Heidi Powell was involved in. Trainer Heidi Powell is alleging that the domain name www.heidipowell.com was an asset that should have been turned over to the bankruptcy court in 2012. They claim the domain name is the rightful property of the bankruptcy court. Trainer Heidi Powell has asked the court to reopen the closed bankruptcy case, which the court has done. She has offered $10,000 to buy the domain name from the bankruptcy trustee.
Grandmother Heidi Powell is disputing the domain name was a valuable asset during her bankruptcy in 2012.
In September of 2016, lawyers for Heidi Powell the Trainer told the court the two parties have mutually agreed to a voluntary dismal of the case, but Grandma Powell’s Lawyers filed an objection to the dismissal.
According to an article by domiannamewire.com, Grandma Heidi Powell’s lawyers would possibly agree to a dismissal if it’s dismissed with prejudice, meaning it can’t be filed again and they are asking the court to award the lawyers reasonable fees so far.
Grandma Heidi Powell also plans to continue to pursue her $100,000 counter-claim for reverse domain name hijacking.
Here is a YouTube.com video of Grandmother Heidi Powell explaining her take on the situation.
A Go Fund Me page has been created to help Bellingham Grandmother Heidi Powell with her legal fees in the Bankruptcy Case. The link can be found by clicking https://www.gofundme.com/grandma-bullied-sued-for-her-name
Press Coverage and Sources:
Press coverage
USAToday
http://www.usatoday.com/story/life/nation-now/2016/09/23/tv-star-heidi-powell-sues-grandmother-heidi-powell-over-website/90916602/
The Register
http://www.theregister.co.uk/2016/09/27/narcissist_heidi_powell_wants_her_dotcom/
Domain Name Wire
http://domainnamewire.com/2016/07/19/heidi-powell-lawsuit/
Domain Name Wire
http://domainnamewire.com/2016/09/19/reality-star-heidi-powell-wants-drop-cybersquatting-case-lawyer-says-not-fast/
Filing Cybersquatting Complaints With No Actionable Claims – by Gerald M. Levine
http://www.circleid.com/posts/20160926_filing_cybersquatting_complaints_with_no_actionable_claims/
DN Journal
ICA’s 1st Lonnie Borek Memorial Award Goes To Attorney David Weslow.
http://www.dnjournal.com/archive/lowdown/2016/dailyposts/20161219.htm
February 1, 2017 By John Colascione
Sometimes you just cannot have the domain you want
https://www.strategicrevenue.com/sometimes-you-just-cannot-have-the-com-name-you-want-now-move-on/
Attorney David Weslow
http://www.wileyrein.com/professionals-DavidWeslow.html
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