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.
APRIL I. GARDNER and STYLEMINT, LLC v. BEACHMINT, INC., ET AL.
DISTRICT OF MASSACHUSETTS (BOSTON)
Even the Olsen twins are not doing a good job clearing trademarks, it appears. If these businesses are actually selling competing products or services then the Plaintiff is going to probably end up prevailing. Make sure you get those business and product names cleared by your trademark attorney.
The Plaintiff owns an online business which goes by the name of “Stylemint” and operates at www.stylemint.net. The Olsen sisters allegedly entered into a partnership to launch a competing “fashion enterprise” using www.stylemint.com and “Stylemint” as its business name.
The lawsuit alleges trademark infringement, false designation or origin, and unfair competition and requests preliminary and permanent injunctive relief, an accounting of profits, actual damages, treble damages, and costs and attorneys’ fees with interest. Traverse Internet Law Cross Reference Number 1515.
CARRIER CORPORATION v. REPLY! INC.
DISTRICT OF MASSACHUSETTS (SPRINGFIELD)
FILED: 7/1/ 2011
This is a surprisingly common business tactic. Be very aware of advertisers using your business name to generate traffic which they then convert to a lead to sell to competitors.
Carrier Corporation is one of the world’s largest manufacturers and distributors of heating, ventilating and air conditioning systems. The Defendant operates a web based business, the primary objective of which is to generate leads. The Plaintiff alleges that the Defendant is attracting homeowners to its home improvement website by using the “Carrier” name throughout its website.
The lawsuit alleges trademark infringement, false designation of origin, dilution, cyberpiracy, common law trademark infringement and trade meaning infringement, unjust enrichment, conversion, and unfair or deceptive acts and practices. Carrier Corporation requests preliminary and permanent injunctive relief, transfer of the infringing domain name, actual damages, treble damages, costs and expenses. Traverse Internet Law Cross Reference Number 1516.