Posts Tagged ‘descriptive trademark’

AOL’s ‘ADVERTISING.COM’ Trademark Found Generic by Ninth Circuit Ruling, Overruled Preliminary Injunction Against www.Advertise.com

Thursday, August 5th, 2010

In a case before the U.S. Court of Appeals for the Ninth Circuit, Plaintiff on appeal Advertise.com, Inc. (Advertise.com), appealed a preliminary injunction order previously entered by the U.S. District Court for the Central District of California which barred Advertise.com from using the domain name www.Advertise.com for its web services.

trademark infringement attorneysThe full opinion; Advertise.com, Inc., v. AOL ADVERTISING, INC., FKA Platform-A, Inc.; AOL INC., Case No. 10-55071 (9th Cir. August 3, 2010).

Defendants in this suit are AOL ADVERTISING, INC., FKA Platform-A, Inc.; and AOL INC., (collectively as ‘Defendants’ or ‘AOL’). AOL was the original plaintiff in this lawsuit and at the district court level it filed a complaint alleging trademark infringement against Advertise.com in the Eastern District of Virginia. That case was transferred to the Central District of California where District Judge Valerie Baker Fairbank entered a preliminary injunction against Advertise.com.

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