July 31, 2015
July 30, 2015
July 29, 2015
Online Retailers Not Immune From Trademark Infringement
Online retailer Wayfair, LLC, d/b/a www.wayfair.com, filed a trademark infringement action against The Furniture Authority for using Wayfair's house mark, WAYFAIR, and its WILDON HOME mark, both of which are federally registered on The Furniture Authority's website. Civil Action No. 1:12-cv-12155 (D. Mass) (Nov. 19, 2012). According to the complaint, a search of The Furniture Authority's website using "Wayfair" produces two hits for products that include the Wayfair name and a search using "Wildon Home" produces 671 results.
With the dismissal and settlement of the Google-Rosetta Stone case, the use of another's trademark in advertising is still undecided. However, using another's trademark directly on your website is actionable and this case shows that online retailers need to guard their trademarks just as much as traditional brick-and-mortar retailers.
- OIP Technologies, Inc. v. Amazon.com, Inc. - Price Optimization in E-Commerce Not Patent Eligible
- Netflix, Inc. v. Rovi Corporation (NDCA 2015): Five TV Guide Patents Dropped by Abstract Idea Ineligibility
- When Bad Faith Opportunities Knock: Expanding What Behaviors May Warrant Transfer of a Domain Name