GoTo.Com, Inc. v. Walt Disney Co.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge.
We must decide whether two remarkably similar logos used commercially on the World Wide Web are likely to confuse consumers under federal trademark law.
I
The Walt Disney Company (“Disney”) appeals the district court’s grant of a preliminary injunction against it that was sought by GoTo .com (“GoTo”). The injunction prohibits Disney from using a logo confusingly similarly to GoTo’s mark. GoTo operates a web site that contains a pay-for-placement search engine, which allows consumers to locate items on the Web1 using a search algorithm weighted in favor of those…
2Cases cited23 opinions
- Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70Supreme Court of the United States · 1974
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
- Federal Trade Commission v. Affordable Media, LLCCourt of Appeals for the Ninth Circuit · 1999
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- Entrepreneur Media, Inc., a California Corporation v. Scott Smith, an Individual Dba EntrepreneurprCourt of Appeals for the Ninth Circuit · 2002
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