Traverse Internet Law Disclaimer
The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.
DEAN ENTERPRISES, LLC, ET AL. v. TYSON
DISTRICT OF ARIZONA (PHOENIX)
Keep in mind that “reviews” are very popular methods of marketing and are one of the few in which a business can use a competitor’s name legitimately. An honest “review” can provide great search engine optimization benefits. However, any factual mistake in the review creates both trademark infringement and defamation liability, so be very careful about using reviews in your online content.
Plaintiffs provide training and educational products in the field of real estate investing. Plaintiff Dean Enterprises, LLC operates under the trademark “Dean Graziosi”. The Defendant is a competitor using the trademark to optimize his website and to provide purported objective reviews of Plaintiff Dean Enterprises, LLC’s services, which are false in content.
Plaintiff Dean Enterprises, LLC alleges unfair competition, defamation, and trade libel. The Plaintiffs’ prayer for relief requests the entry of an award of all statutory, treble, and compensatory damages, the Defendants be permanently enjoined from the use of infringing marks and unfair competition, the payment of all costs and reasonable attorneys’ fees, and any further relief as the Court may deem just and proper. Traverse Internet Law Cross Reference Number 1552.
COOPER B-LINE, INC. v. MARCO SPECIALTY STEEL, INC.
SOUTHERN DISTRICT OF TEXAS (HOUSTON)
It is getting easier and easier to defame another business in the online world. In this instance a trademark infringement or counterfeiting claim has morphed into a “business disparagement” claim, which is basically the same thing as a lawsuit for defamation.
The Plaintiff manufactures industrial, commercial, and utility products and sells them through a network of distributors all around the world. The Defendant, a competitor, is alleged to falsely market and advertise that it sells genuine Cooper B-Line products knowing that such a claim is false.
The Plaintiff alleges trademark infringement, false designation of origin and unfair competition, dilution, trademark counterfeiting, common law misappropriation, theft, injury to business reputation, trade name, and trademark, business disparagement, and tortious interference with prospective relations. The Plaintiff’s prayer for relief requests the entry of judgment for all allegations, an injunction from engaging in further infringement, the payment of damages, costs, and reasonable attorneys’ fees, and any further relief as the Court may deem just and proper. Traverse Internet Law Cross Reference Number 1553.