College Network, Inc. v. Moore Educational Publishers, Inc.: Difference between revisions
Finished district court section. Added jury verdict section and broke up background into relevant subsections |
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==External links== |
==External links== |
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* [http://www.collegenetwork.com/ The College Network], official website. |
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* [http://www.istudysmart.com/ iStudySmart], Moore Educational Publishing website. |
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* [http://www.informationweek.com/smb/services/google-wins-in-french-supreme-court/225800082 Google Wins In French Supreme Court] |
* [http://www.informationweek.com/smb/services/google-wins-in-french-supreme-court/225800082 Google Wins In French Supreme Court] |
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Law firm articles (good for lay readers...some at least) |
Law firm articles (good for lay readers...some at least) |
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*http://www.finnegan.com/CollegeNetworkIncvMooreEducPublishersInc/ |
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*http://www.quinnemanuel.com/mobile/news--events/newslist/news-detail.aspx?nodeID=4467 |
*http://www.quinnemanuel.com/mobile/news--events/newslist/news-detail.aspx?nodeID=4467 |
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*http://www.mcafeetaft.com/Resources/Attorney-Articles/Articles/Using-trademarks-as-advertising-keywords.aspx |
*http://www.mcafeetaft.com/Resources/Attorney-Articles/Articles/Using-trademarks-as-advertising-keywords.aspx |
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*http://smlperspectives.com/intellectual-property/the-easy-and-the-not-easy-pieces-trademarks-and-internet-advertising/ |
*http://smlperspectives.com/intellectual-property/the-easy-and-the-not-easy-pieces-trademarks-and-internet-advertising/ |
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Honorable mentions |
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*News article mention: http://www.informationweek.com/smb/services/google-wins-in-french-supreme-court/225800082 |
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*Book reference, sadly page not available on google books: http://books.google.com/books?id=4LBJWa6g84oC&pg=PA379&lpg=PA379&dq=%22College+Network%22+%22Moore+Educational%22&source=bl&ots=wo5_9ByGCu&sig=ICo6kQFYelopUU584N4vmO9mURM&hl=en&sa=X&ei=9ZxqUM61HoHJiwKXqYDQDg&ved=0CDIQ6AEwATgU#v=onepage&q=%22College%20Network%22%20%22Moore%20Educational%22&f=false |
*Book reference, sadly page not available on google books: http://books.google.com/books?id=4LBJWa6g84oC&pg=PA379&lpg=PA379&dq=%22College+Network%22+%22Moore+Educational%22&source=bl&ots=wo5_9ByGCu&sig=ICo6kQFYelopUU584N4vmO9mURM&hl=en&sa=X&ei=9ZxqUM61HoHJiwKXqYDQDg&ved=0CDIQ6AEwATgU#v=onepage&q=%22College%20Network%22%20%22Moore%20Educational%22&f=false |
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Revision as of 13:28, 18 October 2012
College Network, Inc. v. Moore Educational Publishers, Inc.
| College Network, Inc. v. Moore Educational Publishers, Inc. | |
|---|---|
 | |
| Court | United States Court of Appeals for the Fifth Circuit |
| Full case name | College Network, Inc., Plaintiff-Appellant v. Moore Educational Publishers, Inc. doing business as iStudySmart, Defendant-Appellee, Debra k. Moore, Intervenor Plaintiff-Apellee |
| Decided | May 12, 2010 |
| Citation(s) | No. 09-50596, 2010 WL 1923763 (5th Cir. May 12, 2010) |
| Case history | |
| Appealed from | United States District Court for the Western District of Texas |
| Court membership | |
| Judges sitting | Carolyn 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 by | Per 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]
Business Statements
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]
Moore Statements
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 court for 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."[1]
The case was called to trial on January 13, 2009 with a panel of eight jurors.[3] The College Network presented expert witness, Otto Wheeler, determined that Moore Educational Publishers "use of “The College Network” as an internet search term created a likelihood of confusion under the Lanham Act"[1] and pointed out "purported shortcomings"[1] in the defendants' defamation damages model.[1] Moore Educational Publishers gave evidence of damages from the alleged defamation, citing a correlation between the declaration of the "Business Statements" with a drop in sales, while Moore's reputation suffered from the "Moore Statements."[1] At the end of each side's case regarding evidence on their respective claims on January 15,[3] both the plaintiff and the defendants submitted motions for judgment as a matter of law, all of which were denied on January 16.[3] The trial was submitted to the jury on January 20, and a verdict returned on January 21, 2009.[1][3]
Jury Verdict
Court Analysis
Ruling
See Also
References
- ^ a b c d e f g h i j k l m College Network, Inc. v. Moore Educational Publishers, Inc., No. 09-50596 (3rd Cir. 2003).
- ^ Internet Trademark Case Summaries: College Network, Inc. v. Moore Educ. Publishers, Inc. Finnegan. Retrieved 2012-10-18
- ^ a b c d College Network v. Moore Educational Publishers Final Judgment (W.D. Tex., June 1, 2009)
External links
- The College Network, official website.
- iStudySmart, Moore Educational Publishing website.
- College Network, Inc. v. Moore Educational Publishers, Inc. (5th Cir., 2010) (non-PDF link to transcript)
- Google Wins In French Supreme Court
Blog
Law firm articles (good for lay readers...some at least)
- http://www.quinnemanuel.com/mobile/news--events/newslist/news-detail.aspx?nodeID=4467
- http://www.mcafeetaft.com/Resources/Attorney-Articles/Articles/Using-trademarks-as-advertising-keywords.aspx
- Sign of "notability":http://www.cov.com/files/FirmService/4e533887-ccc3-4aef-b22b-ec5f75ba49dd/Presentation/ceFirmServiceDocument1/Significant%20Developments%20in%20U.S.%20Trademark%20Law%202010.pdf
- http://smlperspectives.com/intellectual-property/the-easy-and-the-not-easy-pieces-trademarks-and-internet-advertising/
- Book reference, sadly page not available on google books: http://books.google.com/books?id=4LBJWa6g84oC&pg=PA379&lpg=PA379&dq=%22College+Network%22+%22Moore+Educational%22&source=bl&ots=wo5_9ByGCu&sig=ICo6kQFYelopUU584N4vmO9mURM&hl=en&sa=X&ei=9ZxqUM61HoHJiwKXqYDQDg&ved=0CDIQ6AEwATgU#v=onepage&q=%22College%20Network%22%20%22Moore%20Educational%22&f=false