Los Angeles Intellectual Property Trademark Attorney Blog
Pasadena, CA – Trademark attorneys file trademark infringement, cybersquatting, and Lanham Act 43(a) unfair competition lawsuit, on behalf of Neiman Marcus, in Los Angeles Federal District Court, alleging infringement of Neiman Marcus’ USPTO registered trademarks. Since its initial retail business in 1907, “Neiman Marcus has grown into a nationwide chain of retail stores and a nationwide mail order catalog retail business. Neiman Marcus operates thirty-six stores located in premier retail locations in major markets nationwide.” Neiman Marcus’ registered trademarks, through substantial use and marketing over the years, have become famous. Its trademark also serves as its website URL at www.neimanmarcus.com.
The defendant is alleged to have “registered and/or used over four million (4,000,000) domain names.” Plaintiffs allege that the defendant has used an automated process to register domain names that are confusingly similar to the Neiman Marcus registered trademarks. The domain names are numerous misspellings of the trademarks. The complaint alleges that the defendant’s “typo-squatting” tactics are also used to cybersquat on other famous trademarks. The defendant allegedly provides pop-up and pop-under advertisements to be displayed on the confusingly similar domain names and defendant makes income from the pay-per-click advertisements. The complaint alleges the following causes of action: (1) Cybersquatting under 15 U.S.C. § 1125(d); (2) Trademark infringement 15 U.S.C. §§ 1114; (3) Unfair competition and false designation of origin under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (4) Trademark dilution under the Lanham Act section 43(c), 15 U.S.C. § 1125(c); (4) Trademark infringement under Cal. Bus. & Prof. Code § 14320; and, (5) Unfair competition under Cal. Bus. & Prof. Code §§ 17200 and 17500. The case is titled The Neiman Marcus Group, Inc. v. Ultra RPM, Inc., CV08-01723 MMM (C.D. California).