30 Dec Newman | Du Wors Wins Summary Judgment for Trademark Plaintiff
Newman | Du Wors attorneys Derek Newman and Jason Sykes recently won summary judgment for their client, West Coast Corvettes. The result led to a settlement that brought a permanent end to competitor Corvette Mike’s decade-long on-again, off-again, cybersquatting.
The case stems from Corvette Mike’s misuse of the domain name www.WestCoastCorvettes.com to misdirect consumers to its own website. West Coast made several attempts to resolve the issue informally, but when those efforts failed it hired Newman | Du Wors. The firm swiftly obtained a preliminary injunctionstopping the infringement. Six months later, the parties filed dueling summary judgment motions—asking the court to issue a final judgment short of trial. The Court denied Corvette Mike’s motion and granted the motion that Newman | Du Wors filed in full. The court found that the WEST COAST CORVETTES trademark had acquired distinctiveness (also called “secondary meaning”) in the eyes of consumers and deserved to be protected under federal trademark law. The Court also found that Corvette Mike’s bad-faith actions made this an exceptional case entitling West Coast Corvettes to three times its actual damages, plus attorneys’ fees.
The case settled quickly thereafter on terms favorable to West Coast Corvettes—including the transfer of the domain name, a mid six-figure payment, and the entry of a permanent injunction prohibiting Corvette Mike from engaging in similar anti-competitive behavior in the future. You can read the Court’s decision by clicking here.
The result burnishes Newman | Du Wors’s track record of getting effective relief for its clients, particularly in intellectual-property disputes. If you have an intellectual property or Internet law issue or question, you can reach Derek Newman at 310-359-8200.