PHOENIX — Heidi Powell is suing Heidi Powell in sovereign justice over who has a rights to a name Heidi Powell.
The domain name, that is.
A luminary radio tutor and star of ABC’s Extreme Weight Loss was so dynamic to benefit control of Heidipowell.com this year that she sued a 60-year-old grandmother in Bellingham, Wash.
The grandmother’s lawyers expel a box as an instance of bullying and intimidation. They contend when Powell a Grandmother refused to sell a domain name, Powell a Trainer used her resources and standing to record fraudulent authorised claims and wring divided tenure in court.
Not so fast, Powell a Trainer’s lawyers say. They contend Powell a Grandmother and her father are not victims so most as manipulative schemers dynamic to cash in on Powell a Trainer’s luminary and force her into profitable adult to $50,000 for a domain name.
They contend Powell a Grandmother had “parked” a domain name and didn’t start regulating it until after she satisfied could optimize trade from Powell a Trainer’s customers. What’s more, they contend Powell a Grandmother reneged on a understanding final month to settle a lawsuit.
Powell a Grandmother, who initial purebred a domain name in 2005 and uses it to foster her web offered business, filed a opposite fit this month accusing Powell a Trainer of “trademark bullying” and “reverse heading hijacking.”
Powell a Grandmother’s lawyers contend Powell a Trainer competence get divided with holding a domain name.
They contend Powell a Trainer is now perplexing an end-run around her possess lawsuit by dredging adult Powell a Grandmother’s 2012 bankruptcy.
Powell a Trainer is alleging a domain name was an item that should have been incited over to a failure justice 4 years ago and that a a legitimate skill of a court. Powell a Trainer has offering $10,000 to buy a domain name from a failure keeper in Washington, who this month asked a justice to giveaway a sealed case.
“This is an hapless try by a lady who has built her whole career on empowerment … to force an aged integrate into failure justice to get what she wants,” Washington, D.C., lawyer Ari Meltzer said. “This is a box where we have a luminary who wanted it, and she motionless to take it.”
Meltzer, whose organisation is representing Powell a Grandmother and her father for free, denied his clients ever attempted to sell a domain name to Powell a Trainer. He also doubtful a domain name was a profitable item 4 years ago when a failure was filed.
Mesa tutor attempted to buy domain name
Powell a Trainer, who lives in Mesa, became Heidi Powell in 2010 when she married her husband, Chris Powell, who also stars in ABC’s Extreme Weight Loss. Court annals uncover Powell a Trainer formerly used a names Heidi Solomon and Heidi Lane.
Powell a Trainer initial seemed as a “transformation specialist” on a existence uncover in 2011 and she became co-host in 2014. She and her father have authored two New York Times Best Seller books and their family has been featured on an ABC web array called Meet a Powell Pack.
“First and foremost, we am a wife, a mother, and a woman,” Powell a Trainer says on her website. “I trust in operative adult a sweat, crinkling your eyes when we smile, and full swell laughs. Grab your iced coffee (one siphon of mocha, no sweetener please!) and join me here.”
In April, Powell a Trainer practical to register a heading Heidi Powell. According to her lawsuit, she sought a trademark as partial of her earthy aptness conference and instruction business and for a website “on exercise, fitness, nutrition, weight loss, parenting, children’s clothing, how to dress, how to adore yourself and welcome your flaws, mental health; and compelling a products and services of others.”
She pronounced in her lawsuit that she done several offers to buy a domain name from Powell the Grandmother and her father though pronounced they refused to sell.
“Unable to gain a domain name, Heidi Powell instead obtained heidipowell.net, that currently contains Heidi Powell’s blog, an online shopping portal, and easy entrance to all of Heidi Powell’s amicable media channels, including Facebook, Twitter, Instagram, Pinterest, and YouTube,” a lawsuit said.
Phoenix counsel Maria Crimi Speth, who represents Powell a Trainer, said it is astray to assail her customer as a bully. She pronounced Powell a Grandmother and her father didn’t use the website until after they knew her customer wanted it.
Speth pronounced in a lawsuit they “deliberately altered a calm located during a domain name to make it seem as though they were regulating a domain name for a legitimate purpose.”
Speth pronounced Powell a Grandmother violated cyber robbery laws, that prohibit someone from regulating a domain name to divert consumers acid for another copyright site. She also indicted them of cybersquatting, that involves induction a domain name “of a good known” heading in an try to distinction from it by offered it or by capturing business meant to go to a heading holder.
“Consumers attempting to find Heidi Powell (the trainer) have been redirected to the parked pages and alighting pages tranquil by The Powells,” Speth pronounced in a suit. “It is rarely expected that consumers attempting to find Heidi Powell (the trainer) in a destiny could and will be destined to the domain name instead.”
Website purebred to Grandmother in 2005
Powell a Grandmother legally altered her name to Heidi Powell in 1979 when she married her husband, Kent Powell.
On her website, Powell a Grandmother says she and her father have worked in offered and promotion for some-more than 25 years. She describes herself as an consultant on “various forms of ad investments and web presence” and includes links to her website pattern page.
Heidipowell.com includes vehement cinema of Powell a Grandmother and her husband, a outline of their 37-year matrimony and an paper to a Pacific Northwest.
“We take brief trips to a San Juan Islands several times a year. The islands are a stones chuck divided and manifest from a seaside and hilltops,” Powell a Grandmother wrote on her website. “We are truly advantageous to live and adore in this place we call home.”
Meltzer pronounced a lawsuit opposite his clients was whimsical and abandoned that Kent Powell had purebred a domain name 5 years before Powell a Trainer started regulating a name Heidi Powell. He pronounced cybersquatting and robbery laws need an act of bad faith and do not request to owners of domain names who acquired rights innocently and in good faith.
He denied a Powells reneged on any understanding with a trainer.
Meltzer said Powell a Trainer’s lawyers filed a notice to boot a box this month when they realized they couldn’t presumably win. Instead, they went after a Powells by a failure court, he said.
Meltzer pronounced his clients never concluded to boot their counterclaims and were due attorneys fees and justice costs.
“There is usually one trustworthy reason for because Plaintiff brought this action: To try to dominate Defendants into relinquishing a heidipowell.com domain name,” Meltzer wrote in justice documents.
“Although (Powell a Trainer) maybe believes that her standing as a existence radio luminary entitles her to pursue a whimsical explain to obtain a forced send of Mr. and Mrs. Powell’s skill — it does not.”
Follow Robert Anglen on Twitter: @robertanglen