The lawsuit between 'Lulu.com' and 'hulu.com' led to headlines such as 'Lulu SuSues Hulu' and 'Lulu Says Hulu Made a Legal Boo-Boo' in the national press and throughout the Internet.
Lulu v. Hulu: What's All of the Hullabaloo?
While the rhyming nature of these two Web sites provided entertaining fodder for journalists and bloggers, in <i>Lulu Enterprises, Inc. v. N-F Newsite, LLC, aka Hulu, LLC, et. al</i>, the court focused its denial of Plaintiff Lulu's motion for preliminary injunction not on the rhyming nature of the domain names, but upon the Plaintiff's inability to prove imminent harm from the launch of Defendant's 'hulu.com' Web site. Rather than focusing on a likelihood of confusion analysis, the court's decision instead contains useful commentary on the effects of statements made in federal registration applications, and the likely expansion of the use of the mark, as they relate to the 'imminent harm' standard in trademark and unfair competition cases.
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Lauren Sullins RallsThis premium content is locked for The Intellectual Property Strategist subscribers only
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