Court Vacates Injunction AOL Argued For Against


Handing AOL a defeat in its lawsuit against the online ad company, the 9th Circuit Court of Appeals on Tuesday vacated an injunction that had banned from using its name.

AOL had argued that was infringing the trademarked term "," but the appellate court ruled that the term appeared to be too generic to be trademarked. Furthermore, the court said, adding a ".com" to a generic term will only rarely result in a valid trademark.

The 9th Circuit had earlier stayed a trial judge's injunction against, but Tuesday's decision vacated the injunction more permanently. AOL will still have the opportunity to present evidence against at trial, but the appellate court said that AOL's chances of prevailing were slim. "It is not inconceivable but certainly highly unlikely that consumer surveys or other evidence might ultimately demonstrate that AOL's mark is valid and protectable," the court wrote.



The ruling stems from a lawsuit filed by AOL against last year. AOL argued that was tricking companies into believing that it was affiliated with AOL's countered that whatever marks AOL owns to Advertising. com are generic and subject to cancellation.

Two years ago, AOL changed's corporate name to Platform-A. But the company alleges that it still has trademark rights to

Last year, U.S. District Court Judge Valerie Baker Fairbank in the central district of California issued a preliminary injunction requiring to stop using the name as well as design elements similar to did not challenge the portion of the order requiring it to stop using those design elements.

The online ad company was called ABCSearch until 2009.

1 comment about "Court Vacates Injunction AOL Argued For Against".
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