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Internet Trademark Case Summaries

MSP IP Services Corp. v. Modis Commc'ns, Inc.

2007 U.S. Dist. LEXIS 15637 (M.D. Fla. Mar. 6, 2007)

Plaintiff owned the federally registered trademark MODIS for IT consulting services and temporary staffing services.  Defendant, a Canadian-based company, offered IT consulting and staffing services under the mark MODIS throughout the United States, including on its website at  Plaintiff sued for trademark infringement, dilution and unfair competition.  Defendants did not answer the complaint and the court issued a default judgment against defendant on all of plaintiff’s claims.  The court permanently enjoined defendant from using the MODIS mark in any infringing manner and from using the MODIS mark in connection with IT consulting, staffing, or other services similar to those offered by plaintiff.  To the extent defendant uses the website in a way that does not infringe plaintiff’s mark or violate the injunction, the court ordered defendant to place a prominent disclaimer on the upper portion of the first page and all other pages on the website stating: “THIS WEBSITE IS NOT AFFILIATED WITH THE INFORMATION TECHNOLOGY SERVICES AND SOLUTIONS PROVIDER, MODIS, INC.  MODIS, INC.’S WEBSITE CAN BE FOUND AT WWW.MODISIT.COM.”  Finally, the court awarded attorney’s fees due to defendant’s deliberate and willful infringement.