Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
Brush Creek Trading Co. v. Zoes, 2006 WL 1169577 (W.D. Tex. Apr. 13, 2006) (full-text).
Factual Background Edit
Plaintiff operated a business selling western decorative accessories for homes and businesses under the mark BRUSH CREEK TRADING. Defendant operated a business named Twelve Gauge Home Accents that created knockoffs of plaintiff's products. Defendant registered the domain name "brushcreektrading.com" and used it to divert users to his website at "twelvegauge.com," where customers could purchase knockoffs of plaintiff's products.
Trial Court Proceedings Edit
Plaintiff filed suit under the ACPA. In this decision, defendant moved to dismiss for improper venue. The court applied 28 U.S.C. §1391 and held that because consumers in the Western District of Texas could access defendant's interactive website, and because consumers in that district actually experienced confusion as a result of defendant's actions, a substantial part of the events giving rise to the claim occurred in the Western District of Texas. The court thus denied defendant's motion to dismiss for improper venue.
- This page uses content from Finnegan’s Internet Trademark Case Summaries. This entry is available under the Creative Commons Attribution-Share Alike License 3.0 (Unported) (CC-BY-SA).