CCBN.COM, INC., Plaintiff v. C-CALL.COM, INC., Defendant, 73 F. Supp. 2d 106

Summary

Plaintiff and defendant operated similar financial services Internet sites and a dispute arose over their respective Internet domain names and service marks. Plaintiff sued defendant for trademark infringement, alleging that defendant's use of a similar service name violated the Lanham Act, 15 U.S.C.S. § 1125(a), state law, and the prohibition against false advertising contained in 15 U.S.C.S. § 1125(a)(1). Plaintiff moved for a preliminary injunction to prevent further infringement by defendant. The court denied plaintiff's motion for a preliminary injunction on the grounds that plaintiff failed to present sufficient evidence that it was likely to succeed on the merits of the infringement claim by establishing a realistic likelihood of confusion created by defendant's use of their mark, which was sufficiently distinctive from plaintiff's.