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E-cards.com v. Ecards.com

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Citation Edit

E-cards.com v. Ecards.com, Civ. A. No 3:99-cv-03726 (N.D. Cal. May 10, 2000)

Trial Court Proceedings Edit

In this dispute between two Internet greeting-card companies, San Francisco-based E-cards.com successfully utilized unfair competition law, not trademark infringement, dilution, or cybersquatting, to obtain a $4 million jury award against Toronto-based Ecards.com. This $4 million award included $2,357,500 for lost business, $690,850 for unjust profits, and $1 million as punitive damages.[1]

On August 2, 2000, the court entered interim injunctive relief ordering defendant to post on its home page (under the welcome banner and in a different color) the following text: "Note--we are not E-Cards, the wildlife/environmental greeting card site. Neither site or company is affiliated with the other." Several months later, the parties reached a settlement. Defendant agreed to transfer the "ecards.com" domain name to plaintiff, but only after a six-month phase-out period in which "ecards.com" would redirect users to defendant's new website located at "blab.com."

References Edit

  1. See "Canadian Internet Firm Loses Suit in U.S." (May 12, 2000) (full-text).

Source Edit

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