Internet Trademark Case Summaries

Scooter Store, Inc. v. Spinlife.com, LLC

2011 WL 2160462 (S.D. Ohio June 1, 2011)

Scooter Store, Inc. v. Spinlife.com, LLC, 2011 WL 2160462 (S.D. Ohio June 1, 2011). Plaintiffs The Scooter Store, Inc. and The Scooter Store, Ltd. sold mobility scooters online and in brick-and-mortar stores. Defendant Spinlife.com also sold mobility products, including electric wheelchairs and rolling walkers. Plaintiffs sued defendant claiming that defendant’s alleged purchase of internet advertising using the keywords “scooter store” and “your scooter store” constituted trademark infringement and unfair competition. Defendant counterclaimed for attempted monopolization under the Sherman Act and Ohio Unfair Competition. Defendant moved for a protective order prohibiting plaintiff from obtaining discovery concerning defendant’s purchase of the disputed keywords. The court denied defendant’s motion, stating that discovery rules allowed any line of inquiry that could reasonably lead to the discovery of evidence. Defendant argued that plaintiffs’ did not own trademark rights in “the scooter store” and that plaintiffs’ claims held no merit, which should prevent the requested discovery. The court disagreed, holding that “whether or not the plaintiff’s claim survives summary judgment has no bearing on whether the discovery plaintiff seeks is relevant.” Defendant also argued that allowing plaintiffs’ discovery would disclose commercially sensitive information to a competitor, but the court held that any sensitive materials would remain confidential under the agreed-upon protective order.