Early Sullivan clients Sayam Sotelo and J. Frank Sotelo, represented by Bryan Sullivan and Zachary Hansen, were granted a motion to dismiss in a case brought by church organization Abundant Living Family Church (ALFC) for allegations involving trademark infringement on behalf of their company, Live Design, Inc. (Live Design).
The claims surrounded Live Design’s refusal to give up rights to the website domain name “www.alfc.church” to ALFC. ALFC had previously contacted Live Design to inquire about purchasing the domain name, and the entities entered into two contracts (signed by J. Frank Sotelo) whereby ALFC would pay a monthly fee to Live Design in exchange for the domain name. Live Design did not perform under these contracts.
Early Sullivan argued in defense of the Sotelos on the ground that their actions were on behalf of Live Design and therefore were protected by the fiduciary shield document. ALFC could not prove their burden that the defendants were the primary participants in the wrongdoing or the direct force of the infringement.
The Court ultimately granted the motion to dismiss the Sotelos and deny ALFC’s request for limited jurisdictional discovery. With the Sotelos being dismissed, the case will now continue with ALFC’s claim against Live Design Inc.