Labnet, Inc. v. Brictson & Cohn, Stefan Cohn
Published: Jul. 9, 2009 | Result Date: Sep. 28, 2008 |Case number: 1:08-CV-02106-WYD-MJW Bench Decision – Injunction
Court
USDC Colorado
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Labnet, Inc. is a non-profit corporation with its primary purpose being to act as a trade association for small independent law firms that specialize in representing employers in labor and employment law. Labnet owns two federally registered "Worklaw" trademarks and the website www.worklaw.com. Defendant Brictson & Cohn is a San Diego based law firm that practices employment law. In May 2007, defendant registered two domain names: "sdworklaw.com" and "worklawsd.com".
Labnet sued Brictson & Cohn in federal court in Colorado alleging among other claims, federal statutory and common law trademark infringement.
Contentions
PLAINTIFF'S CONTENTIONS:
Labnet contended that it owned the "Worklaw" trademark, and also that its use of the trademark predated defendant's use. Labnet asserted that its rights to the trademark were superior to any rights defendants may claim, and that defendants' use of it would likely cause confusion, mistake, or deception.
DEFENDANTS' CONTENTIONS:
Defendants contended the Colorado district court lacked personal and subject matter jurisdiction.
Result
Following a confidential settlement agreement between the parties, the court issued a permanent injunction enjoining defendants from using the trademark.
Other Information
The consent decree signed by the judge also held that the District Court of Colorado had subject matter and personal jurisdiction in the matter.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390