One Comment

  1. Doug Lytle

    See also, New York City Triathlon, LLC v. NYC Triathlon Club, Inc., 704 F.Supp.2d 305 (2010). Excerpt:

    Second, Defendant is also ordered to immediately refrain from using infringing marks on its site and all other webpages within its control, such as, but not limited to, its Facebook, Twitter, and Linkedin pages…
    Defendant's actions with respect to its Twitter account violate the express terms of this Court's order, which enjoined Defendant from using any and all of Plaintiff's marks. The fact that Defendant is not accepting additional “followers” on its “nyctriclub” Twitter account and has “protected” its “tweets” (rendered them private) (id.), does not alter the fact that defendant's “nyctriclub”account is publicly viewable and patently in violation of the terms of the injunction. Defendant is ordered to remove any reference to “nyctriclub” or any of Plaintiff's Marks or anything similar from all websites, social networking sites and other forms of electronic media.

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