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Category Archives: Trademark

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Jury Returns Contributory Trademark Infringement Verdict against Web Site Hosting and SEO Services Provider for a Client’s Sales of Counterfeit Golf Clubs

Posted in Trademark

A recent jury verdict of $770,750, in statutory damages for secondary trademark infringement against Bright Builders, a Web hosting and SEO service provider, will serve as a reminder to service providers that there is no statutory safe harbor for contributory online trademark infringement. Unlike  the copyright infringement safe harbor provisions in the Digital Millennium Copyright… Continue Reading

Credit Card Services Firms with Knowledge of Sales of Infringing Merchandise May Be Liable for Trademark Infringement

Posted in Trademark

In Gucci America, Inc. v. Laurette Co. No. 1:2008cv05065 (S.D.N.Y.), the luxury goods manufacturer succeeded in shutting down a Web site called "TheBagAddiction.com" through which the defendants sold counterfeit Gucci handbags. In fact, the defendants consented to the entry of judgment and admitted liability for trademark infringement. In a subsequently filed action, Gucci America, Inc…. Continue Reading

Second Circuit Reverses in Rescuecom v. Google: AdWords Use of Trademark is a “Use in Commerce” under the Lanham Act

Posted in Trademark

The Second Circuit decided to celebrate the one year anniversary of the oral argument in Rescuecom v. Google by issuing its long-awaited opinion. The court reversed the district court’s dismissal of the trademark owner’s Lanham Act claims, holding that "Google’s recommendation and sale of Rescuecom’s mark to Google’s advertisers, so as to trigger the appearance… Continue Reading

If It Quacks Like a Duck [Tour], It’s Generic – Especially If Your Own Web Site Says So

Posted in Trademark

In a dispute between the operators of rival "amphibious sightseeing tours," a panel of the First Circuit disagreed with the trial court’s conclusion that the phrase "duck tours" was non-generic, and vacated the entry of a preliminary injunction against the defendant’s use of the term. Boston Duck Tours, LP v. Super Duck Tours, LLC, 2008… Continue Reading