Plaintiff HarperCollins Publishers L.L.C. holds exclusive rights to publish, reproduce, and distribute America By Heart, a book authored by former vice-presidential candidate Sarah Palin.
Court denies defendants’ motion to dismiss in trademark infringement action against companies that allegedly established credit card processing services used to complete the online sales of fake Gucci items.
Second Circuit affirms district court judgment in favor of eBay on Tiffany’s direct and contributory trademark infringement and dilution claims based on eBay’s alleged facilitating and advertising of the sale of “Tiffany” goods that turned out to be counterfeit, and remands the false advertising claim because the court was unable to affirm on the record before it that eBay’s advertisements related to the sale of Tiffany goods on its website were not likely to mislead or confuse consumers.
The district court held that California-based defendant Hi5 Networks, which operates a social networking web site where allegedly infringing video files are posted, had sufficient contacts with New York to exercise personal jurisdiction over the defendant, and then granted the defendant’s motion to transfer the case to the Northern District of California.