Tag Archives: Request for Preliminary and Permanent Injunctive Relief

Trial Scheduled for Indiana’s First Keyword Advertising Case

09 Thursday May 2013

Posted by in Bloggers, Indiana, Intellectual Property, Litigation, Social Media, Tech Developments, Trademark

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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:

Indiana Trademark Litigation Update – Angie’s List v. ServiceMagic

07 Thursday Jun 2012

Posted by in Bloggers, Branding, Indiana, Indianapolis, Intellectual Property, Litigation, Social Media, Southern District of Indiana, Tech Developments, Trademark

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Indiana finally has its own keyword advertising case!

Local internet powerhouse Angie’s List accuses ServiceMagic of using the “Angie’s List” trademark as a keyword in some of its Google AdWords sponsored link advertisements. While several courts around the country have ruled on this issue, in Indiana it is still undetermined whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement.

For those unfamiliar with keyword advertising, see the image below. ServiceMagic pays Google to appear in the “Ads related to” box at the top of the search results for the term “Angie’s List,” directly below Angie’s List’s official site. Big companies hate this practice and small competitors love it. Google really loves it, because advertising is where Google gets a big chunk of their revenue. We’ll soon find out what the Southern District of Indiana, via Judge Sarah Evans Barker, thinks about it.

This is no David and Goliath story either. ServiceMagic’s parent company IAC owns many major web products, including Ask.com, Match.com and Vimeo.

Stay tuned for updates as the case proceeds.

Angie’s List Inc. v. Servicemagic Inc.

Court Case Number:    1:12-cv-00755-SEB-TAB
File Date:    Friday, June 01, 2012
Plaintiff:     Angie’s List Inc.
Plaintiff Counsel:     George A. Gasper, Michael A. Wukmer, Bradley M. Stohry of Ice Miller LLP
Defendant:     ServiceMagic Inc.
Cause:    Trademark Infringement, Unfair Competition, Trade Disparagement, Trademark Dilution, Common Law Unfair Competition, Unjust Enrichment, Request for Preliminary and Permanent Injunctive Relief
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – KZRV v. RV Wholesalers

02 Thursday Jun 2011

Posted by in Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trademark

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KZRV LP v. RV Wholesalers LLC

Court Case Number: 1:11-cv-00188-JVB-RBC
File Date: Wednesday, June 01, 2011
Plaintiff: KZRV LP
Plaintiff Counsel: Tim J. Cain – Attorney at Law
Defendant: RV Wholesalers LLC
Cause: Trademark Infringement, Unfair Competition, Dilution, Common Law Unfair Competition, Interference with Business Relationships, Preliminary and Permanent Injunction
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Trademark Litigation Update – ChaCha Search v. HTC America

22 Tuesday Feb 2011

Posted by in Intellectual Property

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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