Genealogy company Ancestry.com has filed a lawsuit in Virginia federal court accusing a rival domain of cyberpiracy and trademark infringement.
“The owner of the domain name is using that domain name to resolve to a website that infringes the Ancestry Family of Marks,” counsel for Ancestry.com allege in the complaint filed Tuesday in the U.S. District Court for the Eastern District of Virginia.
Debevoise & Plimpton represent the plaintiff and seek a court order transferring the defendant’s myancestryai.com domain name to Ancestry under the Anticybersquatting Consumer Protection Act.
“In addition to expropriating Ancestry’s distinctive Ancestry Family of Marks, the offerings found on the www.myancestryai.com website feature a trade dress that is confusingly similar to the Ancestry Trade Dress, including a green color scheme and leaf logo,” according to the allegations in the complaint.
Founded in 1983, Ancestry is a Utah-based privately held company that collects information found in family trees, historical records and DNA to help people learn more about their ancestral origins.
The alleged cyberpiracy began in January when an unknown person or group based in Iceland concealed their identity using a privacy shield and registered the myancestryai.com domain name without authorization from Ancestry in violation of the ACPA statute 15 U.S.C. § 1125(d), according to the complaint.
“The registrant is attempting to capitalize on the valuable goodwill of Ancestry for its own commercial gain and is infringing the distinctive ANCESTRY® mark in the process,” Debevoise partner Jonathan R. Tuttle and other counsel for the plaintiff alleged in the complaint. “Accordingly, Ancestry is entitled to the immediate transfer of the domain name.”
My Ancestry AI uses artificial intelligence to scan digital portraits and provide customers with a personalized ancestry report within hours, according to its website.
The defendant myancestryai.com did not respond to a request for comment on this article.