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Designer Skin LLC v. S & L Vitamins, Inc., et al.
Unauthorized internet reseller of plaintiff’s products is not guilty of trademark infringement, and does not cause actionable initial interest confusion, by using plaintiff’s trademarks in meta tags of website at which plaintiff’s and its competitors’ products are sold, and in...

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Futuredontics, Inc. v. Applied Anagramics, Inc., et al.

No. 97-56711, 1998 U.S. App. Lexis 17012 (Ninth Cir., July 23, 1998)

Defendant Applied Anagramics, Inc., without authorization, created a hyperlink which caused content from plaintiff Futuredontics' website to appear in one of several frames on Applied Anagramics' site. Simultaneously, the other frames on Applied Anagramics' site featured information concerning its business operations. Claiming that defendant's conduct constituted copyright infringement, plaintiff sought a preliminary injunction enjoining defendant from continuing to engage in this conduct. The District Court denied plaintiff's application.

On appeal, the Ninth Circuit affirmed this decision. The Ninth Circuit found that plaintiff had failed to show that it was or would be injured by defendant's conduct. Absent the requisite showing of injury, plaintiff was not entitled to injunctive relief. Said the court:

Futuredontics has presented no evidence whatsoever of tangible, let alone irreparable, harm from AAI's framed link. ... Futuredontics' claim, that the AAI framed link "falsely implies that AAI -- not Futuredontics -- is responsible for the success of Futuredontics's dental referral service," even if true, is not tied to any tangible loss of business or customer goodwill.

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