Product Review Website Defeats Trademark Claims–Boarding School Review v. Delta Career Education
26 11 2013By Eric Goldman
Boarding School Review, LLC v. Delta Career Education Corp., 1:11-cv-08921-DAB (SDNY March 29, 2013)
This case involves Community College Review, with the tagline “find the right community college for you.” It publishes information about various community colleges and provides a navigation wizard. The community college pages include advertising and a lead generation form that allegedly forwards leads to competitive colleges. The trademark owners in this case operate private colleges offering associate degrees. The colleges sued CCR for trademark and copyright infringement.
The colleges objected to statements on CCR website saying “Get info / application from [name of trademarked college]” when those statements allegedly generated leads that were sent to competitors. This claim fails because the colleges merely alleged CCR forwarded the leads to competitors without any further factual support. This failed the Iqbal pleading standard.
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