News out of the Eastern District of California is that a trademark troll has been taken to task by its would-be target. The EDCA ruled (on a default motion) that the Troll’s trademark ownership was null and void and, moreover, that the Troll’s notice-and-takedown freezing of its target’s website constituted tortious interference with a contract — in other words, the Troll now owes its target money. Premier Pool Management Corp. v. Lusk, 2012 WL 1593206 (E.D. Cal. May 4, 2012).
This is a surprisingly interesting case for several reasons:
This case has so many takeaways:
1) Be wary of your SEO consultants!
2) Selling a trademark for $5k to someone who does not even operate in your field is a recipe for having the trademark invalidated (trademark transfers must include a transfer of goodwill which cannot be done if the new owner has nothing to do with the industry).
3) There seems to be a trend of de facto SOPA-like compliance by web hosts with trademark takedown requests despite the fact that there is no law requiring them to do so! It seems that all of our work to prevent SOPA from becoming law was for naught…
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