Traverse Internet Law Federal Court Report: September 2009 Copyright Infringement Lawsuits

Traverse Internet Law Disclaimer

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


HUNTINGTON LEARNING CENTERS, INC., ET AL. v. REACHLOCAL INC.
CENTRAL DISTRICT OF CALIFORNIA (LOS ANGELES)
2:09-CV-06762
FILED: 9/17/2009

Franchise and distributor agreements must be read very carefully in today’s environment. Now, more than ever before, businesses are protecting their online presence by placing restrictions on the use of intellectual property by those selling, or reselling, services.

Huntington Learning Centers, Inc. is one of the leading educational tutoring providers in the United States. The Plaintiffs’ franchise agreement prohibits use of its trademarks “in connection with the Internet”. Reachlocal Inc., the Defendant, is a franchisee who is alleged to have copied the Plaintiff’s website and is using it on the Internet.

The lawsuit alleges copyright infringement, federal trademark infringement, federal unfair competition, unfair competition and unfair and deceptive acts or practices, injury to business reputation, common law trademark infringement and unfair competition, and tortious interference with contractual relations. Plaintiffs request the entry of a preliminary and permanent injunction against Defendant, the recall or destruction of all goods or services or other materials bearing the Huntington marks, an accounting of profits, actual damages including profits of Defendant, treble damages, reasonable attorneys’ fees and costs, and other relief the Court deems just. Traverse Internet Law Cross-Reference Number 1358.