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... the meaning of the Lanham Act. See Hearts on Fire Company, LLC v. Blue Nile, Inc., Case No. 08-cv-11053 (D. Mass. March 27, ... triggering banner ads as constituting use under the Lanham Act (Playboy Enterprises, Inc. v. Netscape Commc'ns Corp., 354 F.3d 1020 (9th Cir. 2004); Australian Gold, Inc. v. Hatfield, 436 F.3d 1228 (10th Cir. 2006)) which have been applied by other district courts to ... (D.N.J. 2006); Gov't Employees Ins. Co. v. Google, Inc., 330 F. Supp. 2d 700 (E.D. Va. 2004). The Court ...

... 06-1002RSL, 2007 WL 172613 (W.D. Wash.), Seattle-based Blue Nile, Inc., sued Ice.com for trade dress infringement on the alleged ground that Ice.com had copied ... Judge Robert Lasnik denied the motion, finding it was too early to decide whether Blue Nile's copyright claims would provide it with an adequate remedy. In the court's words ... feel' of websites." However, the court granted Ice.com's motion to dismiss as it applied to Blue Nile's Consumer Protection Act and unfair competition claims because ...

Diascience Corp. v. Blue Nile, Inc., 2009 WL 1938970 (S.D.N.Y.) Plaintiff does business on the internet as Yehuda Diamond Company. It sells ... 's no comparative advertising and the parties' products are not obviously in competition. The court agreed with Blue Nile that Yehuda was therefore required to make "a more substantial showing of injury and ... commercial activity a plaintiff failed to initiate. The court couldn't yet say that Blue Nile and Yehuda didn't share consumers. Diamonds and colored ...

... CA - Legaljiffy.com sued rival website based legal document preparation company Legalcpu.com, Inc. for copyright infringement, trade dress infringement, and state unfair competition. Legaljiffy's website ... design - which requires secondary meaning. Indeed, the Supreme Court in Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205 (2000), noted that "[t]o the ... of action for "look and feel" of a website as preempted by the Copyright Act, Blue Nile, Inc. v. Ice.com, Inc., 478 F. Supp. 2d 1240 (W.D. Wash ...

... in the Western Washington district I found two cases that initially looked appealing. First was Blue Nile, Inc v. Mondera.com, Inc. a copyright suit in Judge Marsha J. Pechman's court (No. 2:07-cv-01015). The other case is a patent dispute between Vancouver, Wash.-based ... in San Diego's Southern District, but I found a good one in the Northern District. Nacio Systems, Inc. v. Gottlieb is mostly a copyright case involving the large Novato-based webhosting concern Nacio System and ...

... s conduct constitutes unfair competition. In such circumstances, a Rule 12(b) motion to dismiss may be granted, see Meeco Mfg. Co. v. True Value Co., 2007 WL 1051259 (W.D. Wash. April 4, 2007); Blue Nile, Inc. v. Ice.com, Inc., 2007 WL 172613 (W.D. Wash. Jan. 18, 2007). Claiming that one is entitled to plead in the alternative will cut it: one has no right to plead a preempted state claim in the alternative, Meeco Mfg., 2007 WL ...

By Eric Goldman Soaring Helmet Corp. v. Bill Me Inc., 2:2009cv00789 (W.D. Wash. complaint filed June 9, 2009). The Justia page. ... by Soaring Helmet, manufacturers of "Vega" helmets. This case is similar to the recent Hearts on Fire v. Blue Nile case in that the manufacturer (Hearts on Fire/Soaring Helmet) complained that a retailer ... Nile/Leatherup.com) purchased the manufacturer's trademark and said/implied in its ad copy that it sold the manufacturer's goods even though it allegedly didn't carry ...

... care needs, and the states Early Intervention Systems. Goodwill Goodwill Industries of Southeastern Michigan, Inc. 600 East Beecher Street Adrian, MI 49221 Phone: (517) 263-2135 Fax: ( ... MI 49868-0336 Phone: (906) 293-5979 Fax: (906) 293-3857 E-mail: chellerstedt@mhaic.com Habitat for Humanity of Niles-Buchanan Area P.O. Box 305 Niles, MI ... ) 987-9548 E-mail: embritz@hotmail.com Web: http://bwcil1.tripod.com/BWCILhome.htm Blue Water CIL (Satellite) 14 Lincoln Street Sandusky, MI 48471 Phone: (810) ...