Las Vegas Sun

February 12, 2012

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Local adult Web site alleges trademark infringement in lawsuit

By Steve Green (contact)

Monday, Feb. 22, 2010 | 9:33 a.m.

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A Southern Nevada adult Web site operator has filed a trademark infringement lawsuit against a national company that sells services allowing people to screen potential dating partners.

DCAEV Inc. filed the suit Friday in U.S. District Court in Las Vegas against Intelius Inc. of Bellevue, Wash.

DCAEV, based in Henderson, runs a Web site called www.date-check.com promoting escort services and other sexually-oriented businesses. DCAEV says it owns trademark rights to the phrase "date check."

Intelius, the lawsuit says, provides online screening and background verification checks for individuals and corporations.

The lawsuit claims Intelius has infringed on the "date check" trademark by selling "Date Check" online verification services and a similar verification service application for iPhones.

On its Web site promoting the iPhone application, called a "Sleaze Detector," Intelius suggests users "Lookup before you hookup."

Intelius says its service provides information on would-be dating partners such as their address, financial and living situation and interests; whether they are compatible with the Date Check user and whether they have been convicted of sex offenses or other crimes.

"Today's dating scene is tough to navigate, which is why Intelius developed Date Check, a free mobile app that deciphers fact from fiction in the palm of your hand. Simply enter a name, phone number or email address and instantly get accurate and comprehensive results. With features like Sleaze Detector, Compatibility, $$$, Interests and Living Situation, you can be in the know on the go," the Web site says.

Additional mobile applications of the service are planned for platforms such as Android and Blackberry, DCAEV complained in its lawsuit.

Besides alleging trademark infringement, the lawsuit includes claims of unfair competition, cybersquatting (the alleged use of a similar-sounding name to divert DCAEV customers to Intelius) and deceptive trade practices.

"Intelius' adoption and use of the Date Check mark is likely to cause confusion, mistake, to deceive the public as to the origin, sponsorship or approval of its services, and/or to deliberately pass off its services as those of (DCAEV)," the lawsuit says.

A request for comment on the allegations was placed with Intelius on Monday.

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