Welcome!

Cognitive Computing Authors: Pat Romanski, Liz McMillan, Elizabeth White, Yeshim Deniz, Amit Gupta

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
Amazon started as an online bookseller 20 years ago. Since then, it has evolved into a technology juggernaut that has disrupted multiple markets and industries and touches many aspects of our lives. It is a relentless technology and business model innovator driving disruption throughout numerous ecosystems. Amazon’s AWS revenues alone are approaching $16B a year making it one of the largest IT companies in the world. With dominant offerings in Cloud, IoT, eCommerce, Big Data, AI, Digital Assista...
In his session at Cloud Expo, Alan Winters, U.S. Head of Business Development at MobiDev, presented a success story of an entrepreneur who has both suffered through and benefited from offshore development across multiple businesses: The smart choice, or how to select the right offshore development partner Warning signs, or how to minimize chances of making the wrong choice Collaboration, or how to establish the most effective work processes Budget control, or how to maximize project result...
The Founder of NostaLab and a member of the Google Health Advisory Board, John is a unique combination of strategic thinker, marketer and entrepreneur. His career was built on the "science of advertising" combining strategy, creativity and marketing for industry-leading results. Combined with his ability to communicate complicated scientific concepts in a way that consumers and scientists alike can appreciate, John is a sought-after speaker for conferences on the forefront of healthcare science,...
In his keynote at 19th Cloud Expo, Sheng Liang, co-founder and CEO of Rancher Labs, discussed the technological advances and new business opportunities created by the rapid adoption of containers. With the success of Amazon Web Services (AWS) and various open source technologies used to build private clouds, cloud computing has become an essential component of IT strategy. However, users continue to face challenges in implementing clouds, as older technologies evolve and newer ones like Docker c...
When shopping for a new data processing platform for IoT solutions, many development teams want to be able to test-drive options before making a choice. Yet when evaluating an IoT solution, it’s simply not feasible to do so at scale with physical devices. Building a sensor simulator is the next best choice; however, generating a realistic simulation at very high TPS with ease of configurability is a formidable challenge. When dealing with multiple application or transport protocols, you would be...
Data is the fuel that drives the machine learning algorithmic engines and ultimately provides the business value. In his session at Cloud Expo, Ed Featherston, a director and senior enterprise architect at Collaborative Consulting, discussed the key considerations around quality, volume, timeliness, and pedigree that must be dealt with in order to properly fuel that engine.
Personalization has long been the holy grail of marketing. Simply stated, communicate the most relevant offer to the right person and you will increase sales. To achieve this, you must understand the individual. Consequently, digital marketers developed many ways to gather and leverage customer information to deliver targeted experiences. In his session at @ThingsExpo, Lou Casal, Founder and Principal Consultant at Practicala, discussed how the Internet of Things (IoT) has accelerated our abilit...
Detecting internal user threats in the Big Data eco-system is challenging and cumbersome. Many organizations monitor internal usage of the Big Data eco-system using a set of alerts. This is not a scalable process given the increase in the number of alerts with the accelerating growth in data volume and user base. Organizations are increasingly leveraging machine learning to monitor only those data elements that are sensitive and critical, autonomously establish monitoring policies, and to detect...
Dion Hinchcliffe is an internationally recognized digital expert, bestselling book author, frequent keynote speaker, analyst, futurist, and transformation expert based in Washington, DC. He is currently Chief Strategy Officer at the industry-leading digital strategy and online community solutions firm, 7Summits.
Two weeks ago (November 3-5), I attended the Cloud Expo Silicon Valley as a speaker, where I presented on the security and privacy due diligence requirements for cloud solutions. Cloud security is a topical issue for every CIO, CISO, and technology buyer. Decision-makers are always looking for insights on how to mitigate the security risks of implementing and using cloud solutions. Based on the presentation topics covered at the conference, as well as the general discussions heard between sessio...
In his session at @ThingsExpo, Arvind Radhakrishnen discussed how IoT offers new business models in banking and financial services organizations with the capability to revolutionize products, payments, channels, business processes and asset management built on strong architectural foundation. The following topics were covered: How IoT stands to impact various business parameters including customer experience, cost and risk management within BFS organizations.
Recently, REAN Cloud built a digital concierge for a North Carolina hospital that had observed that most patient call button questions were repetitive. In addition, the paper-based process used to measure patient health metrics was laborious, not in real-time and sometimes error-prone. In their session at 21st Cloud Expo, Sean Finnerty, Executive Director, Practice Lead, Health Care & Life Science at REAN Cloud, and Dr. S.P.T. Krishnan, Principal Architect at REAN Cloud, discussed how they built...
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life settl...
IoT solutions exploit operational data generated by Internet-connected smart “things” for the purpose of gaining operational insight and producing “better outcomes” (for example, create new business models, eliminate unscheduled maintenance, etc.). The explosive proliferation of IoT solutions will result in an exponential growth in the volume of IoT data, precipitating significant Information Governance issues: who owns the IoT data, what are the rights/duties of IoT solutions adopters towards t...
With tough new regulations coming to Europe on data privacy in May 2018, Calligo will explain why in reality the effect is global and transforms how you consider critical data. EU GDPR fundamentally rewrites the rules for cloud, Big Data and IoT. In his session at 21st Cloud Expo, Adam Ryan, Vice President and General Manager EMEA at Calligo, examined the regulations and provided insight on how it affects technology, challenges the established rules and will usher in new levels of diligence arou...
Organizations planning enterprise data center consolidation and modernization projects are faced with a challenging, costly reality. Requirements to deploy modern, cloud-native applications simultaneously with traditional client/server applications are almost impossible to achieve with hardware-centric enterprise infrastructure. Compute and network infrastructure are fast moving down a software-defined path, but storage has been a laggard. Until now.
DXWorldEXPO LLC announced today that All in Mobile, a mobile app development company from Poland, will exhibit at the 22nd International CloudEXPO | DXWorldEXPO. All In Mobile is a mobile app development company from Poland. Since 2014, they maintain passion for developing mobile applications for enterprises and startups worldwide.
Digital Transformation is much more than a buzzword. The radical shift to digital mechanisms for almost every process is evident across all industries and verticals. This is often especially true in financial services, where the legacy environment is many times unable to keep up with the rapidly shifting demands of the consumer. The constant pressure to provide complete, omnichannel delivery of customer-facing solutions to meet both regulatory and customer demands is putting enormous pressure on...
The best way to leverage your CloudEXPO | DXWorldEXPO presence as a sponsor and exhibitor is to plan your news announcements around our events. The press covering CloudEXPO | DXWorldEXPO will have access to these releases and will amplify your news announcements. More than two dozen Cloud companies either set deals at our shows or have announced their mergers and acquisitions at CloudEXPO. Product announcements during our show provide your company with the most reach through our targeted audienc...
IoT is at the core or many Digital Transformation initiatives with the goal of re-inventing a company's business model. We all agree that collecting relevant IoT data will result in massive amounts of data needing to be stored. However, with the rapid development of IoT devices and ongoing business model transformation, we are not able to predict the volume and growth of IoT data. And with the lack of IoT history, traditional methods of IT and infrastructure planning based on the past do not app...