Tuesday, March 29, 2011

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

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: 2/25/2011

It is hard to believe that Amazon would intentionally use a trademark and sell a competing product. If it is doing so, someone internally at Amazon has likely made a big mistake. My experience has been that Amazon will respond and react appropriately when advised of a trademark issue like this. Before going off and filing a lawsuit make sure that you have notified Amazon and attempted to address and resolve the problem. These types of situations sometimes arise because of the existence of automated processes and not any type of bad faith.

AIR802 manufactures high quality wireless and cable products. Plaintiff alleges that it entered into a revenue sharing agreement with Amazon and when the Plaintiff ended its relationship Amazon continued to use its trademark to sell a competing product manufactured by Cisco Systems.

Plaintiff alleges trademark infringement, unfair competition, counterfeiting, violation of the Washington Consumer Protection Act, common law trademark infringement, and common law unfair competition. The prayer for relief requests permanent injunctive relief, destruction of all materials bearing the infringing designation, actual damages, treble damages, an accounting of profits, attorneys’ fees and costs and such other and further relief the Court deems equitable. DTraverse Internet Law Cross-Reference Number 1474.

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