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NEIGHBORHOOD ASSISTANCE CORPORATION OF AMERICA v. NATIONAL MARKETING SOURCE, LLC
SOUTHERN DISTRICT OF FLORIDA (FT. LAUDERDALE)
The defamation claim in this matter arises because of the deceptive nature of the advertisements and the alleged misleading purposes of the Defendant’s websites, which is to lure consumers into paying for services otherwise offered for free by the Plaintiff.
NACA, the Plaintiff in the case, is a non-profit corporation providing loan modification and related mortgage assistance services to homeowners. The Defendant is allegedly using the “NACA” name in Internet advertisements that drive prospective customers of the Plaintiff to the Defendant’s websites. The Defendant then charges the consumers for services offered for free on the NACA website.
The Plaintiff alleges counterfeiting, service mark infringements, unfair competition, false designation of origin, false representation and advertising, and deceptive and unfair trade practices. Plaintiff requests to enjoin the Defendant from registering or using infringing marks, an award of statutory and treble damages, all costs and expenses including attorneys’ fees, and such other and further relief as the Court deems just and proper. Traverse Internet Law Cross Reference Number 1536.