Insurer, entertainer settle suit over Internet name

Grace Leong

Friday, Oct. 1, 1999 | 11:02 a.m.

State Farm Mutual Automobile Insurance Co. has settled its dispute with a Las Vegas entertainer whom it earlier accused of infringing State Farm's trademark rights in cyberspace and of deceptive trade practices.

A consent judgment and permanent injunction filed Thursday and signed by U.S. District Judge Philip M. Pro says that based on a stipulation between the parties, defendant Brian Evans shall "cease and desist and forever refrain from using the name State Farm in any form or format."

The judgment and permanent injunction says Evans did not admit liability to the claims of State Farm. Evans earlier denied State Farm's allegations.

State Farm had filed suit on Sep. 20, alleging Evans had registered and used its domain name to point to his personal website and had allegedly offered State Farm's domain name for sale.

Thursday's judgment says Evans shall not use the State Farm mark or other marks or names similar to State Farm in the display, sale, offer for sale or advertising of any product or service.

The judgment said he shall not own, register or host any domain name, website or other Internet service that uses the State Farm mark or other marks similar to State Farm; or to otherwise infringe or dilute any of State Farm's marks by unauthorized use of such marks or similar marks.

Evans will execute all documents necessary to transfer to State Farm all right, title and interest in the domain name "statefarmonline.com" and any and all registrations relating to that domain name, the consent judgment said.

"State Farm is committed to ensuring that the protections granted to its trademarks under federal law are preserved and will take necessary actions to prevent unauthorized use of its trademarks on the Internet or elsewhere," State Farm said in a company statement.

Separately, Evans denied claims by State Farm that he has done business under the names "Domains by Brian Evans," "Brian Evans Domains" and "The Domain Train."