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Trademark Infringement: Courts
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Larry Klayman, former Republican U.S. Senate candidate from Florida and founder of Judicial Watch and Freedom Watch, sues the Bush administration for trademark infringement. Today, Larry Klayman went to the federal court in Miami to have the theft of his trademark “Freedom Watch” become a legal issue. At the launch of the “Freedom’s Watch” program, designed to raise support for the war in Iraq, Klayman was already warning the organizers that the title was trademarked.
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In order for a senior user to prove trademark infringement on the Internet, the senior user does not have to demonstrate that the junior user intended to cause confusion in the minds of consumers. Nonetheless, courts discourage one business from deliberately trading on the goodwill of another in this way. Accordingly, courts are more likely to conclude that a trademark will cause a likelihood of confusion on the Internet if the challenged trademark was adopted because it was similar to an established trademark.
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Regarding trademark infringement inquiry in cyberspace, courts should devote greater scrutiny to the likelihood of "pre-sale" confusion. The following section argues for this minor change in focus for assessing trademark infringement in cyberspace. In so doing, the following section confronts possible objections to such a shift.
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The lower court had awarded Aero Products damages for a patent infringement claim and separate damages for a trademark infringement claim. The Court of Appeals for the Federal Circuit considered the question of whether this double award constituted an impermissible double recovery.
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LEXINGTON, Mass., July 31 /PRNewswire/ -- Visible Systems Corporation of Lexington Massachusetts today won a landmark victory in a trademark infringement lawsuit against Pennsylvania computer behemoth Unisys Corporation. The jury, sitting in Springfield Massachusetts, Federal District Court rendered a verdict today after 90 minutes of deliberation:
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JP Enterprises, which owns the LoveCity.com site, filed the lawsuit on June 6 in a U.S. district court in Colorado, accusing Yahoo, HDVE LLC, Spark Networks and Insight Direct USA of unfair competition and trademark dilution and infringement. It seeks to recover damages and punitive damages.
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