FTD v. Originals Florist & Gifts, Inc., 2000 U.S. Dist. LEXIS 16869 (N.D. Ill. Nov. 8, 2000).
Factual Background Edit
Trial Court Proceedings Edit
The court granted plaintiff's motion on its claim of trademark infringement, finding that a likelihood of confusion existed as a matter of law when a licensee continued to use the licensed marks after termination of the license. The court ordered defendant to remove all of plaintiff's trademarks from its website and to remove any references to FTD from its metatags.
Plaintiff also asked the court to order defendant to disable its entire website on the theory that search-engine indexes may not be updated to reflect the removal of the FTD marks from defendant's website so that consumers searching for FTD may still be directed to defendant's site. The court refused, however, to order the defendant to shut down its website, because such a remedy was "too extreme."
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