TV star Heidi Powell vs. Heidi Powell
Heidi Powell is suing Heidi Powell in federal court over who has the rights to the name Heidi Powell. The domain name, that is. An Arizona celebrity television trainer and star of ABC’s “Extreme Weight Loss” was so determined to gain control of heidipowell.com this year that she sued a 60-year-old grandmother in Bellingham, Wash.
The grandmother’s lawyers cast the case as an example of bullying and intimidation. They say when Powell the
Grandmother refused to sell the domain name, Powell the Trainer used her wealth and status to file bogus legal claims and wrest away ownership in court.
Not so fast, Powell the Trainer’s lawyers say. They say Powell the Grandmother and her husband are not victims so much as manipulative schemers determined to cash in on Powell the Trainer’s fame and force her into paying up to $50,000 for the domain name.
They say Powell the Grandmother had “parked” the domain name and didn’t start using it until after she realized she could optimize traffic from Powell the Trainer’s customers. What’s more, they say Powell the Grandmother reneged on a deal last month to settle the lawsuit.
Powell the Grandmother, who first registered the domain name in 2005 and uses it to promote her web marketing business, filed a counter suit this month accusing Powell the Trainer of “trademark bullying” and “reverse trademark hijacking.”
Powell the Grandmother’s lawyers say Powell the Trainer might get away with taking the domain name.
They say Powell the Trainer is now trying an end-run around her own lawsuit by dredging up Powell the Grandmother’s 2012 bankruptcy.
Powell the Trainer is alleging the domain name was an asset that should have been turned over to the bankruptcy court four years ago and that it’s the rightful property of the court.
Powell the Trainer has offered $10,000 to buy the domain name from the bankruptcy trustee in Washington, who this month asked the court to reopen the closed case.
“This is an unfortunate attempt by a woman who has built her entire career on empowerment ... to force an elderly couple into bankruptcy court to get what she wants,” Washington D.C. lawyer Ari Meltzer said. “This is a case where you have a celebrity who wanted it, and she decided to take it.”
Meltzer, whose firm is representing Powell the Grandmother and her husband for free, denied his clients ever attempted to sell the domain name to Powell the Trainer.
He also disputed the domain name was a valuable asset four years ago when the bankruptcy was filed.
Powell the 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 records show Powell the Trainer previously used the names Heidi Solomon and Heidi Lane.
Powell the Trainer first appeared as a “transformation specialist” on the reality show in 2011 and she became a co-host in 2014. She and her husband have authored two New York Times best-seller books and their family has been featured on an ABC web series called “Meet the Powell Pack .”
In April, Powell the Trainer applied to register the trademark Heidi Powell.
According to her lawsuit, she sought the trademark as part of her physical fitness consultation and instruction business and for a website “on exercise, fitness, nutrition, weight loss, parenting, children’s clothing, how to dress, how to love yourself and embrace your flaws, mental health; and promoting the goods and services of others.”
She said in her lawsuit that she made several offers to buy the domain name from Powell the Grandmother and her husband but said they refused to sell.
“Unable to procure the domain name, Heidi Powell instead obtained heidipowell.net, which currently contains Heidi Powell’s blog, an online shopping portal, and easy access to all of Heidi Powell’s social-media channels, including Facebook, Twitter, Instagram, Pinterest, and YouTube,” the lawsuit said.
Phoenix lawyer Maria Crimi Speth, who represents Powell the Trainer, said it is unfair to malign her client as a bully. She said Powell the Grandmother and her husband didn’t use the website until after they knew her client wanted it.
Speth said in the lawsuit they “deliberately altered the content located at the domain name to make it appear as though they were using the domain name for a legitimate purpose.”
Speth said Powell the Grandmother violated cyber piracy laws, which prohibit someone from using a domain name to divert consumers searching for another trademarked site.
She also accused them of cybersquatting, which involves registering a domain name “of a well known” trademark in an attempt to profit from it by selling it or by capturing business meant to go to the trademark holder.
“Consumers attempting to find Heidi Powell (the trainer) have been redirected to the parked pages and landing pages controlled by The Powells,” Speth said in the suit. “It is highly likely that consumers attempting to find Heidi Powell (the trainer) in the future could and will be directed to the domain name instead.”
Powell the Grandmother legally changed her name to Heidi Powell in 1979 when she married her husband, Kent Powell.
On her website, Powell the Grandmother says she and her husband have worked in marketing and advertising for more than 25 years. She describes herself as an expert on “various forms of ad investments and web presence” and includes links to her website design page.
Heidipowell.com includes candid pictures of Powell the Grandmother and her husband, a description of their 37-year marriage and an ode to the Pacific Northwest.
“We take short trips to the San Juan Islands several times a year. The islands are a stones throw away and visible from our shore and hilltops,” Powell the Grandmother wrote on her website. “We are truly fortunate to live and love in this place we call home.”
Meltzer said the lawsuit against his clients was frivolous and ignored that Kent Powell had registered the domain name five years before Powell the Trainer started using the name Heidi Powell.
He said cybersquatting and piracy laws require an act of bad faith and do not apply to owners of domain names who acquired rights innocently and in good faith. He denied the Powells reneged on any deal with the trainer.
Meltzer said Powell the Trainer’s lawyers filed a notice to dismiss the case this month when they realized they couldn’t possibly win. Instead, they went after the Powells through the bankruptcy court, he said.
Meltzer said his clients never agreed to dismiss their counterclaims and were owed attorneys fees and court costs.
“There is only one plausible explanation for why Plaintiff brought this action: To attempt to intimidate Defendants into relinquishing the heidipowell.com domain name,” Meltzer wrote in court documents.
“Although (Powell the Trainer) perhaps believes that her status as a reality television celebrity entitles her to pursue a frivolous claim to obtain the forced transfer of Mr. and Mrs. Powell’s property — it does not.”