Court Holds Defendant in Contempt for Failing to Scrub Trademark Use From the Internet — TDC Int’l v. Burnham
6 12 2010[Post by Venkat, with comments from Eric]
Dec. 6, 2010
TDC Int’l v. Burnham, 2010 U.S. Dist. LEXIS 116741 (E.D. Mich; Nov. 2, 2010)
TDC sued Burnham based on Burnham’s use of the “Quick and Easy Moving” mark, which supposedly infringed on TDC’s “EZ Moving/Moving and Storage” mark. The parties settled, and Burnham stipulated to a judgment against him. The consent judgment required Burnham to:
remove all internet postings, websites, email addresses, advertisements, online business listings, YouTube accounts, Twitter accounts, and any other online material associated with [Burnham].
TDC brought a motion for contempt, arguing that Burnham failed to comply. Burnham responded that he had been unable to remove pages hosted by Squidoo.com and Yelp.com because he was “locked out of them.”
The court finds that, although Burnham is not required to do “the impossible,” he should have taken reasonable steps. The court finds that Burnham failed to do so, and directs Burnham to:
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