Ascentive, LLC v. Opinion Corp., 2001 WL 6181452 (E.D.N.Y. December 13, 2011) Plaintiffs sued gripe site pissedconsumer.com for trademark infringement and other forms of unfair competition. The court denied plaintiffs’ motion for preliminary injunction. It found, among other things, that defendants’ use of plaintiffs’ trademarks as subdomains (e.g., ascentive.pissedconsumer.com) was not likely to cause confusion. [...]
Archive for the ‘Unfair Competition’ Category
Use of trademark in gripe site subdomain was not likely to cause confusion
December 20th, 2011
Comments Off
Court allows discovery of competitor’s keyword purchases
June 11th, 2011
Comments Off
Scooter Store, Inc. v. Spinlife.com, LLC, 2011 WL 2160462 (S.D. Ohio June 1, 2011) The Scooter Store and a related company sued a competitor for trademark infringement and other causes of action for unfair competition based in part on the competitor’s purchase of keywords such as “scooter store” and “your scooter store” to trigger sponsored [...]
Blog post violated nonsolicitation clause in Amway agreement
October 13th, 2010
2 Comments
Amway Global v. Woodward, 2010 WL 3927661 (E.D.Mich. September 30, 2010) Amway Global went after some of its former distributors in arbitration for, among other things, violating the “Rules of Conduct” which serve as an agreement as to how the distributors (formally known as Independent Business Owners or “IBOs”) operate. Amway claimed that the IBOs [...]
Results of Internet searches helpful in earthworm trademark case
November 17th, 2008
1 Comment
Cascade Mfg. Sales, Inc. v. Providnet Co. Trust, 2008 WL 4889716 (W.D. Wash. November 12, 2008) Cascade Manufacturing makes and sells composting bins in which earthworms “enhance and accelerate the composting process.” Cascade owns a federal trademark registration for WORM FACTORY. It sued its competitor Providnet Co. for trademark infringement over Providnet’s use of the [...]
Mall owner uses Section 43(a) of Lanham Act to successfully challenge domain name registrations
December 19th, 2005
Comments Off
Misappropriation of web development services not unfair competition
March 1st, 2005
Comments Off
In Atari, Inc. v. Games, Inc., arising from a dispute over an agreement to license games for online use, the U.S. District Court for the Southern District of New York dismissed defendant’s counterclaim for unfair competition, holding that such a claim could not stand where (1) alleged misappropriation was merely of services and not of [...]
