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8 Dec, 2008 12:28 pm by Eric
By Eric Goldman Market America v. Optihealth Products, Inc., 2008 WL 5069802 (M.D.N.C. Nov. 21, 2008) This lawsuit involves the trademark "OPC-3." "OPC" is the generic term for "group of antioxidant bioflavonoids" that companies sell ... use in commerce in every court (the domain resolved on comparative reference material with prominent ads for defendants' products). As a result, the no-use-in-commerce defense to jurisdiction seemed doomed from the get-go.. While I still don ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
15 Dec, 2008 3:15 pm
... 's trademark in metatags, supported personal jurisdiction in an infringement action. The case, Market America v. Optihealth Products, Inc, was decided by Magistrate Judge Eliason of the Middle District of North Carolina on November 21, 2008. The parties ... North Carolina, but argued that none of their allegedly infringing activity had occurred in this State because none of the product shipped to the State included Plaintiff's trademark. The Court disagreed, however, and denied the Motion to Dismiss ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
27 Apr 10:56 am by Eric
... advertiser rulings from the past month: Hearts on Fire Co. v Blue Nile, Inc., 2009 WL 794482 (D. Mass. March 27, 2009). The Justia page ... very important keyword advertising case. The plaintiff is a diamond manufacturer which sells its products under the "Hearts on Fire" brand. The plaintiff does not sell its diamonds directly ... keyword advertising plays a key role in the jurisdictional analysis (see, e.g., the Optihealth Products case), and those cases can be a little more interesting. The defendants ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
         
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