Traverse Internet Law Federal Court Report: June 2009 Trademark Infringement Cases

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The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


THOMAS PUBLISHING COMPANY AND THOMAS INDUSTRIAL NETWORK, INC. v. INDUSTRIAL QUICK RESEARCH, INC., ET AL.
SOUTHERN DISTRICT OF NEW YORK (FOLEY SQUARE)
1:09-CV-05541
FILED: 6/16/2009

The alleged misconduct in this matter goes far beyond purchasing Plaintiffs’ trademark as a keyword for triggering AdWords advertisements. Their allegations include the use of deceptive emails appearing to come from the Plaintiffs and using the names of various employees to create an appearance of legitimacy. The lawsuit lays out in detail the alleged misconduct and this is a reminder that small businesses must be vigilant in not only monitoring the web but understanding what they are seeing and what is happening before the consequences to their businesses are irreversible.

The Plaintiffs are New York corporations that have been the leading publisher of directories for the industrial marketplace for over one hundred years. The primary print version of the now world famous “Thomas Register” was first published in 1898. The Defendants had a business relationship with the Plaintiffs. Plaintiffs allege that the Defendants are purchasing the trademark of the Plaintiffs as a keyword to trigger their own ads. There are also rather extensive allegations relating to other misuse by the Defendants of the Plaintiffs’ trademark. Apparently a settlement agreement which was reached between the parties has now allegedly been breached.

The lawsuit alleges breach of contract, trademark infringement, unfair competition, false advertising, common law unfair competition and palming off, and tortious interference with business relations. The Plaintiffs request extensive injunctive relief, an award of compensatory damages in excess of $1,000,000.00, triple damages, disgorgement of profits, and the entry of an award to Plaintiffs for punitive damages and attorneys’ fees. Traverse Internet Law Cross-Reference Number 1329.