Traverse Internet Law Federal Court Report: December 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. SHAR PRODUCTS COMPANY v. JUSTSTRINGS.COM, INC. EASTERN DISTRICT OF MICHIGAN (DETROIT) 2:10-CV-14540 FILED: 11/15/2010 SHAR PRODUCTS COMPANY v. GOSTRINGS, LLC EASTERN DISTRICT OF MICHIGAN (DETROIT) 2:10-CV-14538 FILED: 11/15/2010 We continue to see a flow of lawsuits claiming trademark infringement because a competitor is keying ads off of a Plaintiff’s trademark name. It is alleged in these cases that the Defendants are using the trademark name in either the title or body of the advertisement. Needless to say, keying your ads off a trademark name or using the name of a competitor is very risky business. These are two different cases in which the Plaintiff, the recognized leader in the stringed instrument market in North America, is pursuing competitors based upon their alleged use of the Plaintiff’s name for keying ads. Plaintiff is also claiming that the Defendants included its name in the content of the ad to mislead the public into believing that they were the Plaintiff. Both lawsuits allege trademark infringement, false designation of origin, unfair trade practices, and unfair competition. Plaintiff requests injunctive relief, an accounting of Defendants’ profits, actual damages, statutory damages, attorney’s fees, and other relief the Court deems just. Traverse Internet Law Cross-Reference Number 1454.