UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
LIBERTY WATCH, INC.,
a Florida Corporation,
WASHINGTON CEASEFIRE, INC., a foreign
Corporation and HANDGUN CONTROL, INC., a foreign
COMPLAINT FOR DECLARATORY RELIEF
The Plaintiff herein, LIBERTY WATCH, INC., a Florida Corporation (hereinafter, LIBERTY) sues the Defendants, WASHINGTON CEASEFIRE, INC., a foreign Corporation (hereinafter, WCF) and HANDGUN CONTROL, INC., a foreign corporation (hereinafter, HCI) and states:
1. This is an action brought pursuant to 28 USC Section 2201, in that there is an actual controversy among the parties for which the Plaintiff seeks a declaration of its rights and obligations.
2. It is averred in good faith that the amount in controversy exceeds the sums of $75,000.00, exclusive of interest and costs.
3. Jurisdiction of the Court is invoked pursuant to 28 USC Section 2201 and pursuant to 28 USC Section 1332, in that:
A. LIBERTY is a corporation duly incorporated in the State of Florida and having its principal place of business in the Southern District of Florida.
B. WCF is a corporation duly incorporated and, upon information and belief, doing business in the State of Washington.
C. HCI is a foreign corporation duly incorporated and, upon information and belief, doing business in the State of Washington.
4. LIBERTY is the holder and operator of Internet Web Sites utilizing the domains handguncontrol.net, CPHV.net, CPHV.com and washingtonceasefire.net (hereinafter, WEBSITES)
5. The WEBSITES operated by LIBERTY are not commercial enterprises, but are operated in the exercise of LIBERTY’s rights under the First Amendment to the United States Constitution to freedom of speech and freedom of expression. These WEBSITES are utilized for disseminating information on the rights of citizens of the United States to bear arms under the Second Amendment to the United States Constitution.
6. Any member of the public viewing the WEBSITES created by LIBERTY can readily determine the point of view with respect to the materials listed on the WEBSITES.
7. On October 17, 2000, the Defendants herein, WCF and HCI, directed a demand to agents of LIBERTY that the domain names utilized by LIBERTY no longer be used and be transferred to the Defendants.
8. The Defendants asserted, in their demand of October 17, 2000, that “Washington Ceasefire”, “Handgun Control” and “CPHV” are valid service marks owned by the Defendants and the use by LIBERTY of its WEBSITES and domain names constitute violations of the Lanham Act, the Anticybersquatting Consumer Act of 1999, Public Law No. 106-133 and the Uniform Domain Name Dispute Resolution Policy.
9. The Defendants have completely failed to respond to reasonable inquiry directed to the Defendants with respect to establishing the Defendants’ rights to a service mark or to establishing any bona fide claims which would give rise to actions under the abovedescribed United States Statutes or regulations.
10. LIBERTY believes that it has an absolute right under the First Amendment to the United States Constitution to utilize the WEBSITES and Domain Names as it does for the purposes of publishing and disemminating informational material, political beliefs, satire, parody and political speech in support of its rights and the rights of its constituants to maintain and bear arms under the Second Amendment to the United States Constitution.
11. LIBERTY further believes that the Defendants have no legal rights to place any restrictions on LIBERTY’s use of words and phrases commonly used in everyday English parlance and that such words and phrases are not subject to service mark or other regulatory protection.
12. The dispute among the parties is present, actual and real.
WHEREFORE, LIBERTY WATCH, INC., a Florida Corporation, requests the Court:
A. Declare LIBERTY WATCH, INC., has a right to utilize the domain names handguncontrol.net, washingtonceasefire.net,, CPHV.com and CPHV.net free from any statutory, regulatory or common law claims of service mark or trade mark made by the Defendants herein;
B. Declare that the actions of LIBERTY WATCH, INC., in utilizing its WEBSITES constitutes free, protected and privilege speech and expression under the First Amendment to the United States Constitution;
C. Award costs and attorney’s fees in favor of LIBERTY WATCH, INC., and against the Defendants, WASHINGTON CEASEFIRE, INC., a foreign Corporation and HANDGUN CONTROL, INC., a foreign Corporation;
D. Award such other and further relief as the Court deems appropriate under 28 USC Section 2201 and, in the event further proceedings ensue, such relief as may be appropriate under 28 USC Section 2202.
Dated: December 4, 2000
NORMAN MALINSKI, P.A.
20803 Biscayne Boulevard
Aventura, Florida 33180
Telephone: (305) 937-4242
Florida Bar ID# 182344
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