Traverse Internet Law Federal Court Report: February 2011 - Trademark Infringement Lawsuits

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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.


GREENBERG SMOKED TURKEYS, INC. v. VALUECLICK, INC.
EASTERN DISTRICT OF TEXAS (TYLER)
6:11-CV-00038
FILED: 1/20/2011

Sometimes these automated programs for building advertisements can get you in trouble. Evidently no one realized that “Greenberg Turkeys” is a trademarked name. Automating a process for generating advertisements and purchasing keywords on the Google AdWords system is a high-risk practice.

Greenberg Smoked Turkeys is a business involved in making and selling smoked turkeys. Defendant is engaged in the operation of providing Internet shopping services and is triggering ads based upon the “Greenberg” trademark and allegedly using the Plaintiff’s trademarked name in the title of its AdWords advertisements.

The lawsuit alleges trademark infringement, false designation of origin and unfair competition, and trademark dilution. Plaintiff demands permanent injunctive relief against the Defendant, actual damages, statutory damages, exemplary damages, attorneys’ fees and costs. Traverse Internet Law Cross-Reference Number 1470.