Internet Law

Weekly Summaries Distributed March 6, 2015 Couture v. Playdom, Inc. Internet Law, Trademark  U.S. Court of Appeals for the Federal Circuit

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Couture v. Playdom, Inc. Court: U.S. Court of Appeals for the Federal Circuit Docket: 14-1480 Opinion Date: March 2, 2015 Areas of Law: Internet Law, Trademark In May 2008, Couture applied to register the service mark PLAYDOM under Lanham Act, 15 U.S.C. 1051(a), submitting a “[s]creen capture of [a] website offering Entertainment Services in commerce.” His website, www.playdominc.com, then included only a single page, stating: “[w]elcome to PlaydomInc.com. We are proud to offer writing and production services for motion picture film, television, and new media. Please feel free to contact us if you are interested:playdominc@gmail.com,” with the notice: “Website Under Construction.” No services under the mark were provided until 2010. The PLAYDOM mark was registered by the U.S. Patent and Trademark Office in January 2009. On February 9, 2009, Playdom, Inc. applied to register the identical mark. The registered mark was cited as a ground for rejecting the application. Playdom, Inc. sought to cancel the registration of Couture’s mark as void ab initio because Couturehad not used the mark in commerce as of the date of the application. The Board granted cancellation, stating that Couture “had not rendered his services as of the filing date of his application” because he had “merely posted a website advertising his readiness, willingness and ability to render said services.” The Federal Circuit affirmed. http://j.st/4A7k View Case On: Justia Google Scholar