ChaCha Search, Inc. v. HTC America, Inc. et al

ChaCha is a Delaware corporation based in Carmel, Indiana. It provides a mobile-based search engine that utilizes the assistance of human guides to provide relevant search results. The CHACHA trademark was registered in 2007 for “Search engine services, namely, providing search engines for obtaining data on a global computer network; Search engine services, namely, providing specific information as requested by customers via the Internet in the nature of customized searching, in Class 42.”

Defendant HTC seeks to introduce a new smartphone called the “HTC ChaCha,” prompting Plaintiff to institute this action.

What do you think? Do you read the services listed in ChaCha’s registration above to include “smartphones”? Is ChaCha overreaching here? Would ChaCha’s money have been better spent on additional trademark registrations if they wanted to also protect ChaCha for “mobile phones,” which are in Class 9?

Court Case Number: 1:11-cv-00262-WTL-MJD
File Date: Tuesday, February 22, 2011
Plaintiff: ChaCha Search, Inc.
Plaintiff Counsel: Bradley M. Stohry and Michael A. Wukmer of Ice Miller, LLP
Defendant: HTC America, Inc.
HTC Corporation
Cause: Trademark Infringement, Unfair Competition, Dilution, Common Law Unfair Competition, Request for Preliminary and Permanent Injunctive Relieve
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore