Angie's List, Common Law Unfair Competition, Keyword Advertising, Litigation Update, Request for Preliminary and Permanent Injunctive Relief, Sarah Evans Barker, Tim A. Baker, Trade Disparagement, Trademark Dilution, Trademark Infringement, Unfair Competition, Unjust Enrichment
Indiana’s first keyword advertising case is now set for trial. However, don’t hold your breath if you’re waiting for an answer to whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement. The Angie’s List/ServiceMagic trial won’t take place for over a year.
On May 6, a Scheduling Order set a bench trial for October 6, 2014 (at 9:30 AM in Room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker). A settlement conference was held between the parties in February 2013 but no settlement was reached. Based on the importance of this question to the parties involved, I expect this case to go to trial, however long that may take.
In the meantime, you can review the Answer to Complaint and Answer to Counterclaims below. Stay tuned for updates.
DEFENDANT SERVICEMAGIC, INC.’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS:
ANGIE’S LIST’S ANSWER TO SERVICEMAGIC’S COUNTERCLAIMS: