Warrior Ins. Group, Inc. v. Insureon.com, Inc., 2000 U.S. Dist. LEXIS 18870 (N.D. Ill. Dec. 28, 2000).
Trial Court Proceedings Edit
Plaintiff alleged that defendant's use of the mark INSURE.COM violated its rights. Plaintiff filed a motion to strike, seeking to strike a number of defendant's affirmative defenses, including defendant's claim that plaintiff failed to mitigate damages by not first filing a UDRP complaint.
The court rejected that defense, however, because it could not "see how a decision by a party alleging trademark infringement not to initiate a non-binding administrative proceeding confined to domain name dispute resolution has any possible impact on damages."
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