Tuesday, August 10, 2010

Traverse Internet Law Federal Court Report: June 2010 Trademark Infringement Cases

Traverse Internet Law Disclaimer

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.

FILED: 6/21/2010

There are a lot of disputes today as to what extent copying (copyright infringement) or to what extent consumer confusion (trademark infringement) is enough to trigger unlawful conduct. This is an extremely grey area. The bottom line is that you should avoid even copying the general format of a competitor’s website if you are totally risk averse and cannot sustain the cost of defending a lawsuit. If you are willing to assume certain degrees of risk then you can become more aggressive in getting closer and closer to a competitor’s copyright or trademark rights.

QuiBids is an online auction company. It alleges that the Defendant used its trademark in an unauthorized manner through hosting a video on its website designed to confuse viewers into believing that the Defendant was really the Plaintiff.

The Defendant is accused of trademark infringement, trade dress infringement, unfair competition, false advertising, false designation of origin, violation of the Oklahoma Deceptive Trade Practices Act, and common law unfair competition/trade dress infringement and passing off. The Prayer for Relief requests permanent injunctive relief, compensatory damages, treble damages, attorneys’ fees, punitive damages, and other relief the Court deems appropriate. Traverse Internet Law Cross-Reference Number 1435.

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