Wednesday, July 6, 2011

Traverse Internet Law Federal Court Report: July 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.


EDWARD D. JONES & CO., L.P. v. JAMES M. BIRD
NORTHERN DISTRICT OF ILLINOIS (CHICAGO)
1:11-CV-04352
FILED: 6/27/2011

This is a very typical misuse of a trademark. Just place the trademark in your content and Google will start seeing your website as an appropriate result when someone is conducting a search on the targeted word. Be careful not to use trademarks, even seemingly common names can be trademark protected.

Edward Jones provides financial services to investors all over the United States and has done so since 1922. The Defendant is using the “Edward Jones” name in the content on its website to generate business for trades in the futures market.

Claims in the lawsuit include false designation of origin, unfair competition, trademark infringement, trademark dilution, and violation of the Illinois Deceptive Trade Practices Act. The Plaintiff requests that the Court award a temporary restraining order against the Defendant, preliminary and permanent injunctive relief, actual damages, punitive damages, an award of Defendant’s profits derived from the infringing use of the Plaintiff’s mark, compensatory damages, destruction of all infringing materials, and an award of costs and reasonable attorneys’ fees. Traverse Internet Law Federal Court Report Cross-Reference Number 1504.

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