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