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|decision by = ''[[Per curiam decision|Per curiam]]''
|decision by = ''[[Per curiam decision|Per curiam]]''
|prior actions =
|prior actions =
|appealed from = United States District Court for the Western District of Texas
|appealed from = [[United States District Court for the Western District of Texas]]
|appealed to =
|appealed to =
|subsequent actions =
|subsequent actions =
|related actions =
|related actions =
|opinions = Court [[Vacated judgment|vacated]] the [[tortious interference]] relief awarded to Moore Educational, but otherwise affirmed the district court ruling.
|opinions = Court [[Vacated judgment|vacated]] the [[tortious interference]] relief awarded to Moore Educational, but otherwise affirmed the district court ruling.
|keywords = FILLMEIN
|keywords = [[Defamation]], [[Trademark infringement]]
|italic title = yes
|italic title = yes
}}
}}
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The College Network, founded in 1995 and based in Indianapolis, and Moore Educational Publishers, founded in Nashville in 1986 by Debra k. Moore, both published and sold study guides to nursing students nationwide. <ref name="opinion"/><ref name="finn">[http://www.finnegan.com/CollegeNetworkIncvMooreEducPublishersInc/ Internet Trademark Case Summaries: ''College Network, Inc. v. Moore Educ. Publishers, Inc.''] Finnegan. Retrieved 2012-10-18</ref> Both companies participated in sponsored-link advertising on the Internet, purchasing their respective competitor's name as a keyword in which their link would appear.<ref name="opinion"/>
The College Network, founded in 1995 and based in Indianapolis, and Moore Educational Publishers, founded in Nashville in 1986 by Debra k. Moore, both published and sold study guides to nursing students nationwide. <ref name="opinion"/><ref name="finn">[http://www.finnegan.com/CollegeNetworkIncvMooreEducPublishersInc/ Internet Trademark Case Summaries: ''College Network, Inc. v. Moore Educ. Publishers, Inc.''] Finnegan. Retrieved 2012-10-18</ref> Both companies participated in sponsored-link advertising on the Internet, purchasing their respective competitor's name as a keyword in which their link would appear.<ref name="opinion"/>


The College Network hosted a regional sales meeting in July 2006 to train that region's sales staff on closing sales on study guides by responding to potential customers' objections. The regional director informed the sales staff that their competitor, iStudySmart (the name under which Moore Educational Publishers does business), was "out of business" or "going out of business." In addition, the regional manager also directed the sales staff to say pass these statements onto potential customers. Moore Educational Publishers learned of these statements during their own sales meeting in May 2007.<ref name="opinion"/>
The College Network hosted a regional sales meeting in July 2006 to train that region's sales staff on closing sales on study guides by responding to potential customers' objections. The regional director informed the sales staff that their competitor, iStudySmart (the name under which Moore Educational Publishers does business), was "out of business" or "going out of business." In addition, the regional manager also directed the sales staff to say pass these statements onto potential customers. Moore Educational Publishers learned of these statements during their own sales meeting in May 2007. In the trial, these statements were referred to as "Business Statements."<ref name="opinion"/>


A salesperson at The College Network, Shara Wright, resigned October 2006. She was later hired to work for Moore Educational Publishers. After her resignation, almost all her family members who worked at The College Network were fired. Only Glenn Cason, a high ranking College Network employee and Wright's cousin, remained. One of the terminated family members, Joel Cromer, testified that Cason explained that they were let go because of Shara's new job with Moore Educational Publishers and Debra Moore. He went on to say that Moore was a thief and dishonest and would appropriate The College Network's secrets. Moore Educational Publishers and Debra Moore discovered these statements the day before Cromer's deposition for the case sometime in December 2007.<ref name="opinion"/>
A salesperson at The College Network, Shara Wright, resigned October 2006. She was later hired to work for Moore Educational Publishers. After her resignation, almost all her family members who worked at The College Network were fired. Only Glenn Cason, a high ranking College Network employee and Wright's cousin, remained. One of the terminated family members, Joel Cromer, testified that Cason explained that they were let go because of Shara's new job with Moore Educational Publishers and Debra Moore. He went on to say that Moore was a thief and dishonest and would appropriate The College Network's secrets. Moore Educational Publishers and Debra Moore discovered these statements the day before Cromer's deposition for the case sometime in December 2007. The case called these statements, the "Moore Statements."<ref name="opinion"/>


===District Court Case===
===District Court Case===
On July 29, 2007, The College Network sued Moore Educational Publishers in a [[United States District Court for the Western District of Texas|Texan court]]for [[trademark infringement]], citing [[Lanham_act#Subchapter_III|Section 43 of the Lanham Act]]. <ref name="opinion"/> It claimed that by purchasing the keyword phrase "The College Network" to which Moore Educational Publishing would display their advertisement, Moore Educational Publishers was using The College Network's "trademark in commerce that was likely to cause confusion, in violation of the Lanham Act." <ref name="opinion"/> Moore Educational Publishers acquiesced to purchasing the phrase, but argued it was only in response to discovering that The College Network was engaging in the same practice. Debra Moore [[Intervention (law)|entered]] into the lawsuit on May 20, 2008, submitting [[Counterclaim|counterclaims]] of [[defamation]] for the statements above. Moore Educational Publishers also submitted counterclaims of defamation and [[tortious interference]] due to the "Business Statements."



==Court Analysis==
==Court Analysis==

==Ruling==
==Ruling==


==See Also==
==See Also==
*[[Rescuecom Corp. v. Google Inc.]]
*[[Rescuecom Corp. v. Google Inc.]]

Revision as of 12:29, 18 October 2012

College Network, Inc. v. Moore Educational Publishers, Inc.

College Network, Inc. v. Moore Educational Publishers, Inc.
CourtUnited States Court of Appeals for the Fifth Circuit
Full case nameCollege Network, Inc., Plaintiff-Appellant v. Moore Educational Publishers, Inc. doing business as iStudySmart, Defendant-Appellee, Debra k. Moore, Intervenor Plaintiff-Apellee
DecidedMay 12, 2010
Citation(s)No. 09-50596, 2010 WL 1923763 (5th Cir. May 12, 2010)
Case history
Appealed fromUnited States District Court for the Western District of Texas
Court membership
Judges sittingCarolyn Dineen King, Jacques L. Wiener, Jr., James L. Dennis
Case opinions
Court vacated the tortious interference relief awarded to Moore Educational, but otherwise affirmed the district court ruling.
Decision byPer curiam
Keywords
Defamation, Trademark infringement

College Network, Inc. v. Moore Educational Publishers, Inc., No. 09-50596 (5th Cir. 2010) was an unpublished appellate level case in the Fifth Circuit that upheld a district court jury decision to dismiss the purchase of trademarked keywords as infringing. The original suit was brought on a claim of trademark infringement in the purchase of certain advertising keywords that the defendant countered with claims of defamation and tortious interference. However, the main issue addressed in the appeal was the counterclaims of the defendant. The court upheld the lower court's ruling, but vacated the award for tortious interference.[1]

Background

The College Network, founded in 1995 and based in Indianapolis, and Moore Educational Publishers, founded in Nashville in 1986 by Debra k. Moore, both published and sold study guides to nursing students nationwide. [1][2] Both companies participated in sponsored-link advertising on the Internet, purchasing their respective competitor's name as a keyword in which their link would appear.[1]

The College Network hosted a regional sales meeting in July 2006 to train that region's sales staff on closing sales on study guides by responding to potential customers' objections. The regional director informed the sales staff that their competitor, iStudySmart (the name under which Moore Educational Publishers does business), was "out of business" or "going out of business." In addition, the regional manager also directed the sales staff to say pass these statements onto potential customers. Moore Educational Publishers learned of these statements during their own sales meeting in May 2007. In the trial, these statements were referred to as "Business Statements."[1]

A salesperson at The College Network, Shara Wright, resigned October 2006. She was later hired to work for Moore Educational Publishers. After her resignation, almost all her family members who worked at The College Network were fired. Only Glenn Cason, a high ranking College Network employee and Wright's cousin, remained. One of the terminated family members, Joel Cromer, testified that Cason explained that they were let go because of Shara's new job with Moore Educational Publishers and Debra Moore. He went on to say that Moore was a thief and dishonest and would appropriate The College Network's secrets. Moore Educational Publishers and Debra Moore discovered these statements the day before Cromer's deposition for the case sometime in December 2007. The case called these statements, the "Moore Statements."[1]

District Court Case

On July 29, 2007, The College Network sued Moore Educational Publishers in a Texan courtfor trademark infringement, citing Section 43 of the Lanham Act. [1] It claimed that by purchasing the keyword phrase "The College Network" to which Moore Educational Publishing would display their advertisement, Moore Educational Publishers was using The College Network's "trademark in commerce that was likely to cause confusion, in violation of the Lanham Act." [1] Moore Educational Publishers acquiesced to purchasing the phrase, but argued it was only in response to discovering that The College Network was engaging in the same practice. Debra Moore entered into the lawsuit on May 20, 2008, submitting counterclaims of defamation for the statements above. Moore Educational Publishers also submitted counterclaims of defamation and tortious interference due to the "Business Statements."

Court Analysis

Ruling

See Also

References

  1. ^ a b c d e f g College Network, Inc. v. Moore Educational Publishers, Inc., No. 09-50596 (3rd Cir. 2003).
  2. ^ Internet Trademark Case Summaries: College Network, Inc. v. Moore Educ. Publishers, Inc. Finnegan. Retrieved 2012-10-18

External links

Blog

Law firm articles (good for lay readers...some at least)

Honorable mentions

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