Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine, publicly-available data was reported on the website. The claims sounded in copyright and trademark. Our client filed a declaratory judgment action seeking a determination of non-infringement on various grounds, and the defendants filed mirror-image counterclaims.
From the decision: "As set forth herein, Plaintiff’s Motion to Dismiss is GRANTED as to Defendants’ trademark infringement, unfair competition, deceptive trade practices, and trademark dilution counterclaims. The Court GRANTS Plaintiff’s Motion to Dismiss as to Defendants’ copyright infringement counterclaims for statutory damages and attorney’s fees but DENIES the Motion as to Defendants’ copyright infringement counterclaims seeking other relief."
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Topics: Cease and Desist, Copyright, Infringement, Motion to Dismiss, Trademarks, Unfair or Deceptive Trade Practices
Published In: Business Torts Updates, Civil Rights Updates, Communications & Media Updates, Constitutional Law Updates, Intellectual Property Updates
Reference Info:Decision | Federal, 2nd Circuit, New York | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising