Where to Look for Trademark Infringement Evidence


A lot of valuable evidence hidden within a company’s website code can be used as evidence in a trademark infringement case. For example, FenF, LLC is currently suing Smartthingz, Inc. for trademark infringement. The former’s attorneys found infringing evidence in Smartthingz metadata, which is the information used by search engines to classify and rank a page. Moreover, Smartthingz purchased the phrase “Yoga Toes” as a Google AdWord, “meaning that Smartthingz’s website would be listed and advertised before FenF’s website when internet users searched for Yoga Toes through Google’s search engine,” according to court documents.

The take away in this example is the fact that some tech-savvy sleuthing is often necessary to find the vital pieces of evidence which can make or break a case. If you are in the throes of an intellectual property dispute, you might need to search in unlikely places for valuable evidence.

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