Welcome!

Cognitive Computing Authors: Pat Romanski, Elizabeth White, Rajeev Kozhikkattuthodi, Yeshim Deniz, Liz McMillan

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
DX World EXPO, LLC., a Lighthouse Point, Florida-based startup trade show producer and the creator of "DXWorldEXPO® - Digital Transformation Conference & Expo" has announced its executive management team. The team is headed by Levent Selamoglu, who has been named CEO. "Now is the time for a truly global DX event, to bring together the leading minds from the technology world in a conversation about Digital Transformation," he said in making the announcement.
SYS-CON Events announced today that Massive Networks will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Massive Networks mission is simple. To help your business operate seamlessly with fast, reliable, and secure internet and network solutions. Improve your customer's experience with outstanding connections to your cloud.
Internet of @ThingsExpo, taking place October 31 - November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 21st Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devic...
"The Striim platform is a full end-to-end streaming integration and analytics platform that is middleware that covers a lot of different use cases," explained Steve Wilkes, Founder and CTO at Striim, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
Everything run by electricity will eventually be connected to the Internet. Get ahead of the Internet of Things revolution and join Akvelon expert and IoT industry leader, Sergey Grebnov, in his session at @ThingsExpo, for an educational dive into the world of managing your home, workplace and all the devices they contain with the power of machine-based AI and intelligent Bot services for a completely streamlined experience.
SYS-CON Events announced today that Calligo, an innovative cloud service provider offering mid-sized companies the highest levels of data privacy and security, has been named "Bronze Sponsor" of SYS-CON's 21st International Cloud Expo ®, which will take place on Oct 31 - Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Calligo offers unparalleled application performance guarantees, commercial flexibility and a personalised support service from its globally located cloud plat...
SYS-CON Events announced today that DXWorldExpo has been named “Global Sponsor” of SYS-CON's 21st International Cloud Expo, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Digital Transformation is the key issue driving the global enterprise IT business. Digital Transformation is most prominent among Global 2000 enterprises and government institutions.
SYS-CON Events announced today that Datera, that offers a radically new data management architecture, has been named "Exhibitor" of SYS-CON's 21st International Cloud Expo ®, which will take place on Oct 31 - Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Datera is transforming the traditional datacenter model through modern cloud simplicity. The technology industry is at another major inflection point. The rise of mobile, the Internet of Things, data storage and Big...
While the focus and objectives of IoT initiatives are many and diverse, they all share a few common attributes, and one of those is the network. Commonly, that network includes the Internet, over which there isn't any real control for performance and availability. Or is there? The current state of the art for Big Data analytics, as applied to network telemetry, offers new opportunities for improving and assuring operational integrity. In his session at @ThingsExpo, Jim Frey, Vice President of S...
"We provide IoT solutions. We provide the most compatible solutions for many applications. Our solutions are industry agnostic and also protocol agnostic," explained Richard Han, Head of Sales and Marketing and Engineering at Systena America, in this SYS-CON.tv interview at @ThingsExpo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"We've been engaging with a lot of customers including Panasonic, we've been involved with Cisco and now we're working with the U.S. government - the Department of Homeland Security," explained Peter Jung, Chief Product Officer at Pulzze Systems, in this SYS-CON.tv interview at @ThingsExpo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"We are focused on SAP running in the clouds, to make this super easy because we believe in the tremendous value of those powerful worlds - SAP and the cloud," explained Frank Stienhans, CTO of Ocean9, Inc., in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
The financial services market is one of the most data-driven industries in the world, yet it’s bogged down by legacy CPU technologies that simply can’t keep up with the task of querying and visualizing billions of records. In his session at 20th Cloud Expo, Karthik Lalithraj, a Principal Solutions Architect at Kinetica, discussed how the advent of advanced in-database analytics on the GPU makes it possible to run sophisticated data science workloads on the same database that is housing the rich...
"MobiDev is a Ukraine-based software development company. We do mobile development, and we're specialists in that. But we do full stack software development for entrepreneurs, for emerging companies, and for enterprise ventures," explained Alan Winters, U.S. Head of Business Development at MobiDev, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
SYS-CON Events announced today that DXWorldExpo has been named “Global Sponsor” of SYS-CON's 21st International Cloud Expo, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Digital Transformation is the key issue driving the global enterprise IT business. Digital Transformation is most prominent among Global 2000 enterprises and government institutions.
In his opening keynote at 20th Cloud Expo, Michael Maximilien, Research Scientist, Architect, and Engineer at IBM, discussed the full potential of the cloud and social data requires artificial intelligence. By mixing Cloud Foundry and the rich set of Watson services, IBM's Bluemix is the best cloud operating system for enterprises today, providing rapid development and deployment of applications that can take advantage of the rich catalog of Watson services to help drive insights from the vast t...
SYS-CON Events announced today that EnterpriseTech has been named “Media Sponsor” of SYS-CON's 21st International Cloud Expo, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. EnterpriseTech is a professional resource for news and intelligence covering the migration of high-end technologies into the enterprise and business-IT industry, with a special focus on high-tech solutions in new product development, workload management, increased effic...
SYS-CON Events announced today that Massive Networks, that helps your business operate seamlessly with fast, reliable, and secure internet and network solutions, has been named "Exhibitor" of SYS-CON's 21st International Cloud Expo ®, which will take place on Oct 31 - Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. As a premier telecommunications provider, Massive Networks is headquartered out of Louisville, Colorado. With years of experience under their belt, their team of...
SYS-CON Events announced today that Cloud Academy named "Bronze Sponsor" of 21st International Cloud Expo which will take place October 31 - November 2, 2017 at the Santa Clara Convention Center in Santa Clara, CA. Cloud Academy is the industry’s most innovative, vendor-neutral cloud technology training platform. Cloud Academy provides continuous learning solutions for individuals and enterprise teams for Amazon Web Services, Microsoft Azure, Google Cloud Platform, and the most popular cloud com...
SYS-CON Events announced today that Cloudistics, an on-premises cloud computing company, has been named “Bronze Sponsor” of SYS-CON's 21st International Cloud Expo, which will take place on Oct 31 - Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Cloudistics delivers a complete public cloud experience with composable on-premises infrastructures to medium and large enterprises. Its software-defined technology natively converges network, storage, compute, virtualization, and ...