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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

Case No. CV 97-6991 ABC (Manx), 1998 U.S. Dist. Lexis 2265 (C.D Cal. Jan. 30, 1998)

Defendant Applied Anagramics, Inc. (AAI”) operated a web site whose pages were divided into frames. AAI created an unauthorized hyperlink to plaintiff Futuredontics web site that made the copyrighted materials on Futuredontics web site appear within one of the frames of AAIs site. The balance of the page was filled with content supplied by the AAI, including its logo and information about its business operations.

Futuredontics commenced suit, charging that such conduct constituted copyright infringement. The court denied AAIs motion to dismiss this claim holding that Futuredontics might establish that defendants had created an unauthorized derivative work.

Of interest, the court previously denied Futuredontics application to enjoin AAI from continuing its linking activities because of Futuredontics failure to establish the requisite probability of success on the merits of its claim of copyright infringement. This leaves some doubt as to whether the court will ultimately find that AAIs unauthorized linking activity constitutes copyright infringement.

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