Fancaster, Inc. v. Comcast Corporation, Comcast Interactive Media LLC, Comcast Management LLC
Published: Feb. 11, 2012 | Result Date: Jan. 5, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:2008-cv-02922-DRD Summary Judgment – Defense
Court
USDC New Jersey
Attorneys
Plaintiff
Defendant
Facts
Fancaster Inc. sued Comcast Corp., Comcast Interactive Media LLC, and Comcast Management LLC (collectively, Comcast) alleging trademark infringement, cybersquatting, unfair competition, trademark misappropriation, violation of the Lanham Act, and several others. Both companies offered online video content through their respective websites. The claims were targeted at Comcast's former television and movie website Fancast.com.
Damages
Fancaster sought $73 million corrective advertising award, among other claims for relief.
Result
U.S. District Judge Dickinson R. Debevoise granted summary judgment in favor of Comcast on various claims, including the trademark infringement claim. The judge found that there was no likelihood of confusion and minimal overlap in the content of the Fancast and Fancaster websites and that the marks themselves were sufficiently distinct in appearance, sound and meaning. The judge also ruled that there was no evidence of any damage to the Fancaster mark caused by Comcast. Additionally, the court refused to dismiss Comcast's cybersquatting counterclaims against Fancaster, which arose out of Fancaster's registration of dozens of Fancast domain names.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390