No. 19-8834

Monosij Dutta-Roy v. Jysk Bed'n Linen, dba By Design Furniture, as Successor to Quick Ship Holding, Inc., dba By Design Furniture

Lower Court: Eleventh Circuit
Docketed: 2020-06-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: cybersquatting-protection domain domain-name-dispute equitable-accounting fiduciary-duty joint-venture joint-venture-rights profit-sharing retroactive-application trademark-ownership
Key Terms:
Arbitration Antitrust Trademark TradeSecret Privacy JusticiabilityDoctri
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (from Petition)

The issues, in this sum of matters, between pro se Monosij Dutta-Roy (Petitioner or Dutta-Roy) and Jysk Bed 'N Linen, formerly Quick Ship Holding, DBA By Design (Respondent or Jysk or By Design or then Quick Ship) arose out of a profit-sharing joint-venture (J/V) partnership agreement to develop an eCommerce furniture site on the domain bvdesignfurniture.com, signed on or about July 2000 (P/A or 2000 P/A) (Apdx-E4) between Quick Ship and Bazaar Works.

Quick Ship 's by sole-owner Mr. Kjell Bratengen (Bratengen), canceled the eCommerce go-live, soon after Quick Ship manager Mr. Scott Bell (Bell) 's purchase of deployment servers in 2003, in eCommerce development finalized by Dutta-Roy. This denied junior partner Dutta-Roy, any income from the J/V profit-sharing earnings arrangement of 12% —>11%—U0% from the estimated furniture sales of $1M —>$2M —»$3M+ on the site - a significant loss just by Dutta-Roy 's 4000+ development time. Quick Ship was then sold to Jysk in 2006.

Set of questions presented are on whether The Eleventh Circuit (11th Cir.) has reviewed de novo, US District Court, Northern Dist. Of Georgia 's (NDGA) grant of Sum. Jud. (Apdx-B3 (DN-69)), endorsing Jysk 's claims for bvdesign furniture.com ?

1) Can the 11th Cir. ignore the fraudulent nature of the affidavits used by the NDGA to grant summary judgment, ignoring the critical issue of Jysk 's identity claimed and granted as BYDESIGNFURNITURE? Should NDGA and the 11th Cir. (the Courts) have allowed Jysk to proceed filing as DBA Bv Design Furniture, only based on a USPTO filing for BYDESIGNFURNITURE, yet to be granted by Dutta-Roy 's opposition?

2) Can the NDGA apply the Anti-Cybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125 retroactively, arguing Jysk 's right to bvdesignfurniture.com by common-law, ignoring Dutta-Roy 's continuous ownership and licensing of his mark to Jysk? Can the Courts, flip-flopping on renew v. register arguments, retroactively apply the ACPA?

3) Have the Courts also failed to address the basis for any of Jysk 's ACPA claims against Dutta-Roy, granted also by contract/ property rights, ignoring Dutta-Roy 's prima facie pre-ACPA ownership and his J/V rights to bvdesignfurniture.com ? Thus did the Courts fail to address fraud and reverse-cybersquatting, just by that when after five years of litigation Jysk dropped Lanham Act claims against Dutta-Roy?

4) Have the 11th Cir. failed to address how NDGA could allow Jysk to amend its pleading so as to conform to the original sum. jud., while not allowing Dutta

Question Presented (AI Summary)

Whether the Eleventh Circuit properly reviewed de novo the district court's grant of summary judgment in favor of Jysk, ignoring issues of fraud, identity, retroactive application of the ACPA, and failure to address fiduciary duty and equitable accounting in a joint-venture

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-10-30
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-16
Waiver of right of respondent Jysk Bed'n Linen to respond filed.
2020-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2020)

Attorneys

Jysk Bed'n Linen
Jonathan H FainPebLaw, PC, Respondent
Monosij Dutta-Roy
Monosij Dutta-Roy — Petitioner