The IT Law Wiki

Labrador Software v. Lycos

32,080pages on
this wiki
Add New Page
Add New Page Talk0

Citation Edit

Labrador Software, Inc. v. Lycos, Inc., 32 F.Supp.2d 31 (D. Mass. 1999) (full-text).

Factual Background Edit

Plaintiff used the marks LABRADOR, LABRADOR E-RETRIEVER, and a Labrador dog image in connection with its software designed to search corporate Intranets.

Trial Court Proceedings Edit

It sought a preliminary injunction to prevent defendant from using an image of a black Labrador dog called “Lycos” to advertise its Internet search engine, alleging trademark infringement and dilution. The court denied the motion for a preliminary injunction, finding that plaintiff’s marks were not protectable. Specifically, the court held that the marks were merely descriptive, primarily based on evidence that a number of third parties used identical or similar marks in the Internet industry. And plaintiff’s use of its marks in a “limited promotional campaign for its yet-to-be released product” over a few months was insufficient to establish secondary meaning.

Source Edit

Also on Fandom

Random Wiki