Traverse Internet Law Federal Court Report: July 2010 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.


1-800 CONTACTS v. STANDARD OPTICAL
CENTRAL DISTRICT OF UTAH
2:10-CV-00643
FILED: 7/13/2010

We see several of these lawsuits each month. Do not key your pay-per-click ads off of a trademark of a competitive third party or you may also find yourself on the expensive receiving end of one of these lawsuits.

The Plaintiff is engaged in the retail sales of contact lenses. Defendant owns and operates a website relating to the same business. Defendant is alleged to have keyed ads off of the Plaintiff’s name when it is searched.

1-800 Contacts alleges trademark infringement, contributory trademark infringement, common law unfair competition, misappropriation, common law trademark infringement, and unjust enrichment. The complaint requests damages in the form of preliminary and permanent injunctive relief, an accounting of Defendant’s revenue and profits, actual damages, statutory damages, treble damages, prejudgment interest, costs and attorneys’ fees, and further relief the Court deems just and equitable. Traverse Internet Law Cross-Reference Number 1442.