from www.techflash.com – Legal troubles continue to mount for Intelius, the provider of online background checks. The latest salvo comes via an adult entertainment company and escort service which is objecting to the use of the DateCheck name by Intelius.
In a lawsuit filed February 19, Henderson, Nevada-based DCAEV said that it has utilized the Date Check name since 2002. It received a trademark on the moniker last year, and has continued to operate a Web site at www.datecheck.com and more than 60 other domains which incorporate the words Date Check.
Intelius launched a new iPhone application last September under the DateCheck name, allowing users of the service to check the “sleaze factor” of people they may want to date. The app has received widespread media coverage, which DCAEV said is causing confusion in the marketplace around its services.
DCAEV argues that the Intelius iPhone application is essentially the same, and overlaps with its own mobile application. The company writes in the lawsuit:
Users of Date Check’s services are able to read user comments and other screening information for potential dates with professional escorts and other adult companions. Through Date Check’s own verification system and the reviews and ratings of its users, Date Check provides a comprehensive screening system designed to provide users of the system with peace of mind before meeting a previously-unknown individual for a social outing. To that end, Intelius’ and Date Check’s services are identical.
Representatives for Intelius were not immediately available for comment.
Among other things, the suit alleges that Intelius engaged in trademark infringement, unfair competition, cybersquatting and deceptive trade practices. DCAEV is asking the court for a permanent injunction against Intelius from using the Date Check name, as well as $100,000 for each infringing domain name used by Intelius. [Full suit here, PDF]
The suit comes amid other legal issues for Intelius and its executives. Most recently, the company’s co-founder, John Arnold, was charged with lying to a grand jury about alleged sexual relations he had with dancers at a Seattle strip club. Arnold — who is on paid leave from Intelius — has pleaded not guilty and is awaiting trial.
Meanwhile, Intelius has been sued for post transaction marketing activities in which plaintiffs argue that they receive unwanted charges on their credit card bills.
Intelius, with revenue of $122 million in 2008, is currently waiting to go public on the Nasdaq stock exchange. The company is led by Naveen Jain, who previously served as CEO of publicly-traded InfoSpace.