Welcome!

API Journal Authors: Elizabeth White, Pat Romanski, Kevin Benedict, Anders Wallgren, Amit Golander

News Feed Item

Home Decorators/Home Depot and Google allegedly engaged in Trademark Infringement and Unfair Business Practices negatively impacting Home Decor Center

GARDENA, Calif., Jan. 10, 2013 /PRNewswire/ -- The Home Depot, a company widely known for retailing home improvement and construction products and services was recently sued for trademark infringement by Home Decor Center, a small business known for retailing area rugs, accent furniture and home accessories both in-store and online since 2007.

Home Decorators, which is owned by The Home Depot engages in the same business as Home Decor Center. The Home Depot allegedly used Home Decor Center's domain name for its Google Ad Words advertisements, redirecting consumers to the site HomeDecorators.com. This was first discovered on September of 2011, when Home Decor Center allegedly received a high volume of complaints from customers that apparently were not in their system. They also had an unusual decrease of sales by 60%. It was also discovered that The Home Depot's paid advertisements for their website www.HomeDecorators.com, as published in Google's search engine, claimed that this was "the official website for HomeDecorCenter.com," which was Home Decor Center's registered website since 2007. Home Decor Center alleges that, as a result of these erroneously linked advertisement, consumers seeking to access its website were misdirected to The Home Depot's HomeDecorators.com website, causing Home Decor Center to lose a high number of customers and was forced to make refunds and price adjustments.

Home Decor Center alleges that as a result of Home Depot's alleged unfair business practices and trademark infringement, instead of a gradual growth in sales, Home Decor Center has lost a substantial amount of business.

Home Decor Center has a legal trademark certification issued by The United States Patent and Trademark Office and owns the registered domain 'HomeDecorCenter.com.' Home Decor Center filed a lawsuit against The Home Depot and Google in the California Superior Court for state trademark violations and unfair competition. Google was alleged to be liable for its involvement in the creation of the content of these Ad Words advertisements in addition to their knowledge about these violations and authorization to allow them to continue. The Home Depot moved the case to the United States District Court in the California Central District. Home Decor Center then filed a First Amended Complaint on July 25th 2012, and pleaded nine causes of action, including: 1) Federal Trademark infringement and Unfair Competition under 15 U.S.C 1125 (a) 2) Unfair Competition, under the Lanham Act 3) Unfair business practices under Cal. Bus and Prof Code Section 17200 4) Trademark infringement under the Lanham Act 5) Contributory trademark infringement 6) Vicarious trademark infringement under the Lanham Act 7) Injunctive relief 8) Interference with prospective contractual relations and 9) Passing off under the Lanham Act. Google, along with The Home Depot through joinder, filed a Motion to Dismiss the Plaintiff's lawsuit in its entirety with respect to all of the causes of action. The Motion to Dismiss was heard on September 20, 2011 by Honorable George H Wu who denied Google's request to dismiss the entire lawsuit holding that the Federal Trademark causes of action will not be dismissed as long as Home Decor Center can allege that both Google and The Home Depot were responsible for the creation of the content of the allegedly infringing advertisements. Home Decor Center then amended the Complaint and both The Home Depot and Google filed their answers denying all allegations. A jury trial is currently set for this matter on June 25, 2013. Google is represented by Bostwick & Jassy LLP, and The Home Depot by Crone Hawxhurst, both Los Angeles law firms, while Home Decor Center is represented by the Law Offices of Christopher K Jafari in Orange County. Refer to Case No. CV-12-05706 GW(SHx)

www.HomeDecorCenter.com

SOURCE Home Decor Center

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

@ThingsExpo Stories
"There's a growing demand from users for things to be faster. When you think about all the transactions or interactions users will have with your product and everything that is between those transactions and interactions - what drives us at Catchpoint Systems is the idea to measure that and to analyze it," explained Leo Vasiliou, Director of Web Performance Engineering at Catchpoint Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York Ci...
Ask someone to architect an Internet of Things (IoT) solution and you are guaranteed to see a reference to the cloud. This would lead you to believe that IoT requires the cloud to exist. However, there are many IoT use cases where the cloud is not feasible or desirable. In his session at @ThingsExpo, Dave McCarthy, Director of Products at Bsquare Corporation, will discuss the strategies that exist to extend intelligence directly to IoT devices and sensors, freeing them from the constraints of ...
Connected devices and the industrial internet are growing exponentially every year with Cisco expecting 50 billion devices to be in operation by 2020. In this period of growth, location-based insights are becoming invaluable to many businesses as they adopt new connected technologies. Knowing when and where these devices connect from is critical for a number of scenarios in supply chain management, disaster management, emergency response, M2M, location marketing and more. In his session at @Th...
Extracting business value from Internet of Things (IoT) data doesn’t happen overnight. There are several requirements that must be satisfied, including IoT device enablement, data analysis, real-time detection of complex events and automated orchestration of actions. Unfortunately, too many companies fall short in achieving their business goals by implementing incomplete solutions or not focusing on tangible use cases. In his general session at @ThingsExpo, Dave McCarthy, Director of Products...
There are several IoTs: the Industrial Internet, Consumer Wearables, Wearables and Healthcare, Supply Chains, and the movement toward Smart Grids, Cities, Regions, and Nations. There are competing communications standards every step of the way, a bewildering array of sensors and devices, and an entire world of competing data analytics platforms. To some this appears to be chaos. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, Bradley Holt, Developer Advocate a...
The Internet of Things will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform and how we integrate our thinking to solve complicated problems. In his session at 19th Cloud Expo, Craig Sproule, CEO of Metavine, will demonstrate how to move beyond today's coding paradigm ...
Apixio Inc. has raised $19.3 million in Series D venture capital funding led by SSM Partners with participation from First Analysis, Bain Capital Ventures and Apixio’s largest angel investor. Apixio will dedicate the proceeds toward advancing and scaling products powered by its cognitive computing platform, further enabling insights for optimal patient care. The Series D funding comes as Apixio experiences strong momentum and increasing demand for its HCC Profiler solution, which mines unstruc...
SYS-CON Events has announced today that Roger Strukhoff has been named conference chair of Cloud Expo and @ThingsExpo 2016 Silicon Valley. The 19th Cloud Expo and 6th @ThingsExpo will take place on November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. "The Internet of Things brings trillions of dollars of opportunity to developers and enterprise IT, no matter how you measure it," stated Roger Strukhoff. "More importantly, it leverages the power of devices and the Interne...
In addition to all the benefits, IoT is also bringing new kind of customer experience challenges - cars that unlock themselves, thermostats turning houses into saunas and baby video monitors broadcasting over the internet. This list can only increase because while IoT services should be intuitive and simple to use, the delivery ecosystem is a myriad of potential problems as IoT explodes complexity. So finding a performance issue is like finding the proverbial needle in the haystack.
Machine Learning helps make complex systems more efficient. By applying advanced Machine Learning techniques such as Cognitive Fingerprinting, wind project operators can utilize these tools to learn from collected data, detect regular patterns, and optimize their own operations. In his session at 18th Cloud Expo, Stuart Gillen, Director of Business Development at SparkCognition, discussed how research has demonstrated the value of Machine Learning in delivering next generation analytics to imp...
Whether your IoT service is connecting cars, homes, appliances, wearable, cameras or other devices, one question hangs in the balance – how do you actually make money from this service? The ability to turn your IoT service into profit requires the ability to create a monetization strategy that is flexible, scalable and working for you in real-time. It must be a transparent, smoothly implemented strategy that all stakeholders – from customers to the board – will be able to understand and comprehe...
The cloud market growth today is largely in public clouds. While there is a lot of spend in IT departments in virtualization, these aren’t yet translating into a true “cloud” experience within the enterprise. What is stopping the growth of the “private cloud” market? In his general session at 18th Cloud Expo, Nara Rajagopalan, CEO of Accelerite, explored the challenges in deploying, managing, and getting adoption for a private cloud within an enterprise. What are the key differences between wh...
The IoT is changing the way enterprises conduct business. In his session at @ThingsExpo, Eric Hoffman, Vice President at EastBanc Technologies, discussed how businesses can gain an edge over competitors by empowering consumers to take control through IoT. He cited examples such as a Washington, D.C.-based sports club that leveraged IoT and the cloud to develop a comprehensive booking system. He also highlighted how IoT can revitalize and restore outdated business models, making them profitable ...
IoT offers a value of almost $4 trillion to the manufacturing industry through platforms that can improve margins, optimize operations & drive high performance work teams. By using IoT technologies as a foundation, manufacturing customers are integrating worker safety with manufacturing systems, driving deep collaboration and utilizing analytics to exponentially increased per-unit margins. However, as Benoit Lheureux, the VP for Research at Gartner points out, “IoT project implementers often ...
When people aren’t talking about VMs and containers, they’re talking about serverless architecture. Serverless is about no maintenance. It means you are not worried about low-level infrastructural and operational details. An event-driven serverless platform is a great use case for IoT. In his session at @ThingsExpo, Animesh Singh, an STSM and Lead for IBM Cloud Platform and Infrastructure, will detail how to build a distributed serverless, polyglot, microservices framework using open source tec...
The idea of comparing data in motion (at the sensor level) to data at rest (in a Big Data server warehouse) with predictive analytics in the cloud is very appealing to the industrial IoT sector. The problem Big Data vendors have, however, is access to that data in motion at the sensor location. In his session at @ThingsExpo, Scott Allen, CMO of FreeWave, discussed how as IoT is increasingly adopted by industrial markets, there is going to be an increased demand for sensor data from the outermos...
CenturyLink has announced that application server solutions from GENBAND are now available as part of CenturyLink’s Networx contracts. The General Services Administration (GSA)’s Networx program includes the largest telecommunications contract vehicles ever awarded by the federal government. CenturyLink recently secured an extension through spring 2020 of its offerings available to federal government agencies via GSA’s Networx Universal and Enterprise contracts. GENBAND’s EXPERiUS™ Application...
"delaPlex is a software development company. We do team-based outsourcing development," explained Mark Rivers, COO and Co-founder of delaPlex Software, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, wh...
"We work in the area of Big Data analytics and Big Data analytics is a very crowded space - you have Hadoop, ETL, warehousing, visualization and there's a lot of effort trying to get these tools to talk to each other," explained Mukund Deshpande, head of the Analytics practice at Accelerite, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.