Kampachi Worldwide Holdings is suing its competitor, Blue Ocean Mariculture, for unlawfully obtaining rights to the kingkampachi.com domain name. Kampachi is asking for at least USD 100,000 (EUR 90,000) in damages.
The complaint, filed in U.S. District Court in Hawaii, stems back to a secret market study administered by Richardson, Texas, U.S.A.-based Kampachi Worldwide in the summer of 2018. The study was designed to generate a viable brand name, trade name, and trademark for its production and sale of Seriola rivoliana, otherwise known as kampachi.
Prospective brand and trade names that were finalists in the market study included: King Kampachi, Kabo Kampachi, King Jack Kampachi, and Kano Kampachi. The prospective names were sent in an email from Kampachi’s PR firm, inviting Kampachi executives to a Skype meeting on 21 September, 2018.
Kampachi executives decided during that meeting to use “King Kampachi” in commerce as the product trade name and trademark. They discarded the other prospective trade names.
However, when Kampachi executives attempted to register the domain name, kingkampachi.com, they discovered it had been registered for the first time just one week prior to the meeting. It was being held by someone employing privacy controls on the registration to prevent public inquiry, the complaint said.
Additionally, when Kampachi attempted to register the other domains that had been finalists – kingjackkampachi.com, kanokampachi.com, and kabokampachi.com – those websites had also been registered.
After the privacy controls expired, Kampachi executives found out that Blue Ocean and Robin Coonen, controller for Kailua-Kona, Hawaii-based Blue Ocean, had registered the domain names one week prior to Kampachi’s September 2018 meeting.
Kampachi alleges that an unknown "Doe Defendant" told Blue Ocean about the prospective domain names.
Blue Ocean also falsely states on its website, www.bofish.com, that it is “proud to be the sole producer of Seriola rivoliana in the world,” according to the complaint.
Blue Ocean utilizes the common name kanpachi and holds a trademark and trade name, Hawaiian Kanpachi, according to Kampachi Worldwide.
Kampachi said it filed for federal trademark protection to use the “King Kampachi” trademark in September 2019.
“Although phenotypically identical to the species Seriola rivoliana, plaintiff uses proprietary techniques to breed, develop, farm, and produce a more refined, exquisite tasting kampachi,” Kampachi said in the complaint.
Logos courtesy of Blue Ocean Mariculture and Kampachi Worldwide Holdings
