Movie Analysis Goodwill Video
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Do you want to stay up to date of all the news about PR Public relations? Turn on push notifications and don't miss anything! No thanks, just show me the news. Waiting for approval in browser.. Dre Dr. Movie Analysis GoodwillView Citing Opinions. CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Sign In Register. Filed: April 22nd, Precedential Status: Precedential. Citations: F. Docket Number: Daily Op. Richard L.
Dennis G. Martin arguedChristina L. Johnson, Movie Analysis Goodwill F. Moreno, District Judge, Presiding. We must venture into cyberspace to determine whether federal trademark and unfair competition laws prohibit a video rental store chain from using an entertainment-industry information provider's trademark in the domain name of its web site and in its web site's metatags. Founded in for the purpose of creating and marketing software and services for professionals in the entertainment industry, Brookfield initially offered software applications featuring information such as recent film submissions, industry credits, professional contacts, and future projects.
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These offerings targeted major Hollywood film studios, independent production companies, agents, actors, directors, and producers. Brookfield expanded into the broader consumer market with computer software featuring a searchable database containing entertainment-industry related information marketed under the "MovieBuff" mark around December Sometime inBrookfield attempted to register the World Wide Web "the Web" domain name "moviebuff. Brookfield subsequently registered "brookfieldcomm. Brookfield sells its "MovieBuff" computer software through its "brookfieldcomm. Its trademark application describes its product as "computer software providing data and information in the field Anaysis the motion picture and Movie Analysis Goodwill industries. Brookfield Movie Analysis Goodwill previously obtained a California state trademark registration for the mark "MovieBuff" covering "computer software" in In OctoberBrookfield learned that West Coast--one of the nation's largest video rental store chains with over stores--intended to launch a web site at "moviebuff.
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On November 10, Brookfield delivered to West Coast a cease-and-desist letter alleging that West Coast's planned use of the "moviebuff. The next day, West Coast issued a press release announcing the imminent launch of its web site full of "movie reviews, Hollywood news and gossip, provocative commentary, and coverage of the independent Movie Analysis Goodwill scene Goodwjll films in production. Brookfield fired back immediately with a visit to the United States District Court for the Central District of California, and this lawsuit was born.
Movie Analysis Goodwill In its first amended complaint filed on November 18,Brookfield alleged principally that West Coast's proposed offering of online services at "moviebuff. On November 27, West Coast filed an opposition brief in which it argued first that Brookfield could not prevent West Coast from using "moviebuff. West Coast claimed that it was the first user of "MovieBuff" because it had used its federally registered Goodwoll, "The Movie Buff's Movie Store," 5 since in advertisements, promotions, and letterhead in connection with retail services featuring videocassettes and video game cartridges.
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Alternatively, West Coast claimed seniority on the basis that it had garnered common-law rights in the domain name by using "moviebuff. In addition to asserting seniority, West Coast contended that its planned use of "moviebuff. The district court heard arguments on the Movie Analysis Goodwill motion on November Later that day, the district court issued an order construing Brookfield's TRO motion as a motion for a preliminary injunction and denying it. The district court concluded that West Coast was the senior user of the mark "MovieBuff" for both of the reasons asserted by West Coast. The court also determined that Brookfield had not established a likelihood of confusion. Brookfield responded by filing a notice of appeal from the denial of preliminary injunction followed by a motion in the district court for injunction pending appeal, which motion the district court denied.
On January 16,West Coast launched its web site at "moviebuff. On February 24, we granted Brookfield's motion and entered an order enjoining West Coast "from using, or facilitating the use of, Movie Analysis Goodwill any manner, including advertising and promotion, the mark MOVIEBUFF, or any other term or terms likely to cause confusion therewith, including moviebuff.]
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