Another memorabilia place in a lawsuit

[WhenItWasAHobby]

I've skimmed through the petition. It appears to be an incredibly weak lawsuit in my opinion. They only produced one piece of evidence and good luck proving that the defendant "willfully and intentionally" harmed the plaintiff. See excerpt below from the petition:

On information and belief, defendants have adopted the designation MEMORYLANE in a willful attempt to piggyback off of plaintiff’s good will and reputation in the memorabilia industry, and to divert business away from plaintiff and to defendants

Furthermore the plaintiff will most likely have their own reputation scrutinized and there's been numerous threads about that. Proving damages will be another major hurdle. Finally, if you Google "Memory Lane", there are at least a dozen on-line businesses that use that name in some form. Again a very weak suit in my opinion.

[2dueces]

We thought about doing that too. I'd give my company name---doesn't sound anything like Walmart and finish our standard answer the phone line.
Then they would ask if a prescription for such and such was ready. It's ready come and get it! Or it's on back order. But we couldn't bring ourselves to do it. We politely say, that's 831 maam. (our # is 838) The ones that call back 2 minutes later and ask if it's Walmart again get old, but them again some of them really need their meds and some of them really are old. LOL

[Vintagedegu]

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[WhenItWasAHobby]

Originally Posted by Vintagedegu

Similar, but more idiotic case I read about a couple years ago-

http://www.engadget.com/2008/12/15/m...golf-to-exist/

This brings up another interesting issue and that's one of trademarks.

It appears the "Classmates" spin-off business "memorylane.com" has trademark protection by buying pre-existing trademark rights several years before "memorylane Inc.", the auction house did.


http://tess2.uspto.gov/bin/showfield...06:m3n81l.2.27

http://tess2.uspto.gov/bin/showfield...06:m3n81l.2.13


Here's the search summary and there's a bunch of trademarks with that name in some form:

http://tess2.uspto.gov/bin/showfield...h=Submit+Query