Home Decorators/Home Depot and Google allegedly engaged in Trademark Infringement and Unfair Business Practices negatively

     Home Decorators/Home Depot and Google allegedly engaged in Trademark
  Infringement and Unfair Business Practices negatively impacting Home Decor
                                    Center

PR Newswire

GARDENA, Calif., Jan. 10, 2013

GARDENA, Calif., Jan. 10, 2013 /PRNewswire/ -- The Home Depot, a company
widely known for retailing home improvement and construction products and
services was recently sued for trademark infringement by Home Decor Center, a
small business known for retailing area rugs, accent furniture and home
accessories both in-store and online since 2007.

Home Decorators, which is owned by The Home Depot engages in the same business
as Home Decor Center. The Home Depot allegedly used Home Decor Center's domain
name for its Google Ad Words advertisements, redirecting consumers to the site
HomeDecorators.com. This was first discovered on September of 2011, when Home
Decor Center allegedly received a high volume of complaints from customers
that apparently were not in their system. They also had an unusual decrease of
sales by 60%. It was also discovered that The Home Depot's paid advertisements
for their website www.HomeDecorators.com, as published in Google's search
engine, claimed that this was "the official website for HomeDecorCenter.com,"
which was Home Decor Center's registered website since 2007. Home Decor Center
alleges that, as a result of these erroneously linked advertisement, consumers
seeking to access its website were misdirected to The Home Depot's
HomeDecorators.com website, causing Home Decor Center to lose a high number of
customers and was forced to make refunds and price adjustments.

Home Decor Center alleges that as a result of Home Depot's alleged unfair
business practices and trademark infringement, instead of a gradual growth in
sales, Home Decor Center has lost a substantial amount of business.

Home Decor Center has a legal trademark certification issued by The United
States Patent and Trademark Office and owns the registered domain
'HomeDecorCenter.com.' Home Decor Center filed a lawsuit against The Home
Depot and Google in the California Superior Court for state trademark
violations and unfair competition. Google was alleged to be liable for its
involvement in the creation of the content of these Ad Words advertisements in
addition to their knowledge about these violations and authorization to allow
them to continue. The Home Depot moved the case to the United States District
Court in the California Central District. Home Decor Center then filed a First
Amended Complaint on July 25th 2012, and pleaded nine causes of action,
including: 1) Federal Trademark infringement and Unfair Competition under 15
U.S.C 1125 (a) 2) Unfair Competition, under the Lanham Act 3) Unfair business
practices under Cal. Bus and Prof Code Section 17200 4) Trademark infringement
under the Lanham Act 5) Contributory trademark infringement 6) Vicarious
trademark infringement under the Lanham Act 7) Injunctive relief 8)
Interference with prospective contractual relations and 9) Passing off under
the Lanham Act. Google, along with The Home Depot through joinder, filed a
Motion to Dismiss the Plaintiff's lawsuit in its entirety with respect to all
of the causes of action. The Motion to Dismiss was heard on September 20, 2011
by Honorable George H Wu who denied Google's request to dismiss the entire
lawsuit holding that the Federal Trademark causes of action will not be
dismissed as long as Home Decor Center can allege that both Google and The
Home Depot were responsible for the creation of the content of the allegedly
infringing advertisements. Home Decor Center then amended the Complaint and
both The Home Depot and Google filed their answers denying all allegations. A
jury trial is currently set for this matter on June 25, 2013. Google is
represented by Bostwick & Jassy LLP, and The Home Depot by Crone Hawxhurst,
both Los Angeles law firms, while Home Decor Center is represented by the Law
Offices of Christopher K Jafari in Orange County. Refer to Case No.
CV-12-05706 GW(SHx)

www.HomeDecorCenter.com

SOURCE Home Decor Center

Website: http://www.homedecorators.com
Contact: Amir Abouhossein, +1-877-372-9432
 
Press spacebar to pause and continue. Press esc to stop.