Brookfield Communications, Inc. v. West Coast Entertainment Corp.
| Brookfield Communications, Inc. v. West Coast Entertainment Corp. | |
|---|---|
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| Court | United States Court of Appeals for the Ninth Circuit |
| Full case name | Brookfield Communications, Inc. v. West Coast Entertainment Corp. |
| Argued | March 10 1999 |
| Decided | April 22 1999 |
| Citation(s) | 174 F.3d 1036 |
| Case history | |
| Prior action(s) | Brookfield Communications Inc. v. West Coast Entertainment Corp., No. 98-cv-09074-CM-AJW (C.D. Cal. Nov. 30, 1998) (denying ex parte motion for temporary restraining order, denying ex parte motion for order to show cause regarding preliminary injunction). |
| Subsequent action(s) | Brookfield Communications Inc. v. West Coast Entertainment Corp., 1999 U.S. Dist. LEXIS 23251 (C.D. Cal. Jun. 10, 1999) (ruling on summary judgment motions). |
| Holding | |
| Brookfield has a valid, protectable trademark in "MovieBuff" and West Coast's use of the domain name moviebuff.com would cause a likelihood of confusion. West Coast can not use the term "MovieBuff" in the HTML metatags of its web site. Although there is no likelihood of confusion, the use of "MovieBuff" in the metatags could cause an initial interest confusion. | |
| Court membership | |
| Judge(s) sitting | William Cameron Canby, Jr., Diarmuid Fionntain O'Scannlain, Kim McLane Wardlaw |
| Case opinions | |
| Majority | Diarmuid Fionntain O'Scannlain |
| Laws applied | |
| 15 U.S.C. § 1114,§ 1125(a), (Lanham Act) | |
The case Brookfield Communications, Inc. v. West Coast Entertainment Corporation 174 F.3d 1036 (9th Cir. 1999), heard by the United States Court of Appeals for the Ninth Circuit, established that trademark infringement could occur through the use of trademarked terms in the HTML metatags of web pages when initial interest confusion was likely to result.
In 1993 Brookfield Communications started selling software that provided customers with a searchable database of entertainment-related information such as listings of actors, directors, upcoming movies, and other related news. The software was sold under the mark "MovieBuff". In 1996 Brookfield began selling their MovieBuff product and providing online access to their searchable database from their website. The domain moviebuff.com had already been registered to West Coast Entertainment so Brookfield registered and used other domains. In 1997 Brookfield applied for federal registration of "MovieBuff" as both a good and a service trademark. It received the registrations in 1998.
In 1998 Brookfield learned that West Coast intended to launch a website at moviebuff.com which would contain, among other things, a searchable database of entertainment-related news. Brookfield issued a cease-and-desist letter to West Coast stating the website would infringe on Brookfield's trademark, MovieBuff. West Coast went ahead with their website plans; Brookfield subsequently filed a complaint alleging trademark infringement and unfair competition in violation of the Lanham Act.
In November 1998 Brookfield filed a complaint against West Coast with the United States District Court for the Central District of California alleging trademark infringement and unfair competition under sections 32 and 43(a) of the Lanham Act, 15 U.S.C. § 1114,§ 1125(a). Brookfield then applied for a temporary restraining order that would prevent West Coast from using "MovieBuff" or "moviebuff.com" as its domain name, the name of its online service or in any "buried code or metatags" on their web site. The district court denied the motion for a temporary restraining order whereupon Brookfield filed for an appeal as well as an injunction against West Coast pending the appeal; the district court again denied the injunction. Finally, Brookfield filed an emergency motion for injunction pending appeal with the Ninth Circuit Court of Appeals which was granted. The Ninth Circuit then heard the appeal from the original denial of a temporary restraining order.
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