Hugger-Mugger Yoga Products Sues Gaiam, Inc. in Federal Court for Internet Trademark Infringement.SALT LAKE CITY -- Hugger-Mugger Yoga Products announced today that it has brought suit against Gaiam (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on : GAIA) in Federal Court for willful infringement of the Hugger-Mugger trademark. The lawsuit alleges Gaiam is using the Hugger-Mugger trademark to confuse Internet users and divert Internet business away from Hugger-Mugger to Gaiam. Upon information and belief, Gaiam has contracted with numerous Internet search engines, including Google, MSN (1) (MicroSoft Network) A family of Internet-based services from Microsoft, which includes a search engine, e-mail (Hotmail), instant messaging (Windows Live Messaging) and a general-purpose portal with news, information and shopping (MSN Directory). , About, Yahoo and Ask, to use the Hugger-Mugger trademark as an Internet search term to direct Internet users to Gaiam's website or product sources. Thus, customers are confused, mislead and diverted to Gaiam's Internet website. For example, if an Internet user types in "Hugger-Mugger" to conduct a search on Google, the results would produce the following link on the screen:
Hugger Mugger
Yoga, Pilates, Chi & Fitness DVDs, Books,
Mats, Clothing & Much More
www.gaiam.com
Tom Chamberlain, President of Hugger-Mugger, said, "Hugger-Mugger was founded over twenty years TWENTY YEARS. The lapse of twenty years raises a presumption of certain facts, and after such a time, the party against whom the presumption has been raised, will be required to prove a negative to establish his rights. 2. ago by Sara Chambers, an early leader in the development of unique products for the practice of yoga. This included the now industry standard of the tapas(R) sticky mat and modern straps, among other innovations. Our good name and reputation are the very foundation of our long-term success." Tom Chamberlain observed, "Any misrepresentation misrepresentation In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real-estate contracts. False advertising may also constitute misrepresentation. of Hugger-Mugger as somehow being related to Gaiam, or that its products are sold by Gaiam, is incorrect and reprehensible rep·re·hen·si·ble adj. Deserving rebuke or censure; blameworthy. See Synonyms at blameworthy. [Middle English, from Old French, from Late Latin repreh ." "The use of deceptive and misleading search engine practices to wrongly appropriate trademarks and sales is a direct attack on the legal foundations of business law and fair practices." "If the emerging area of Internet sales does not follow the same fair practices as other distribution channels, small business will be particularly disadvantaged at the expense of predatory competitors." "Therefore, we believe this case will be seminal in assuring the rights of all businesses, large and small, against unfair competition." Hugger-Mugger is seeking injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. and treble damages A recovery of three times the amount of actual financial losses suffered which is provided by statute for certain kinds of cases. The statute authorizing treble damages directs the judge to multiply by three the amount of monetary damages awarded by the jury in those cases among other remedies. |
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