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Plaintiff v. Advertising and Marketing Company

November 2008

Sedgwick earned an adjudicated dismissal for our client, an advertising and marketing company, in an action filed in federal court in California. Plaintiff, an online marketing company, accused our client of trademark infringement, unfair competition and unjust enrichment for use of the same company name. Plaintiff filed a motion for preliminary injunction and Sedgwick subsequently filed a motion to dismiss on the primary ground that "closed loop marketing" is the generic name for a type of an online marketing system, and therefore unprotectable. The court granted Sedgwick's request to consolidate the hearings for both motions and then denied plaintiff's motion for preliminary injunction and granted our motion to dismiss.