When Barnes and Noble used the phrase "Half Price Books" to promote online book sales, its competitor, halfpricebooks.com, sued for trademark infringement and dilution.
The plaintiff lost its motion for preliminary injunction, but has now escaped adverse summary judgment, with the district court ruling that the case could proceed to trial, reports News.com.
Rejecting Barnes and Noble's summary judgment claim based on fair use, the court states:
"While BN.com's name is displayed on each and every page [of its Web site], a reasonable jury may find that the usage of 'Half-Price Books' on the webpage is sufficiently prominent to suggest that there is an affiliation between HPB and BN.com. . . Therefore, HPB has directed the court to sufficient evidence in the record from which a reasonable jury could find in its favor on the issue of fair use."
