This represents the first time that a SEO/Web Host or other Internet Intermediary was found liable for contributory infringement without having first received actual notification of the counterfeit sales from a third party.
Roger Cleveland Golf Company, Inc. won a landmark legal victory with a jury verdict last week and entry of judgment in South Carolina federal district court in a first-of-its kind trademark infringement case.
Based on the jury’s verdict, Judge Margaret B. Seymour of the United States District Court for South Carolina, entered judgment against Search Engine Optimization and web-hosting firm Bright Builders Inc. on counts for contributory trademark infringement and unfair trade practices for assisting with the construction and hosting of the web site www.copycatclubs.com, an online business that sold counterfeit Cleveland® golf clubs.
The judgment included an award of $770,750 in statutory damages against Bright Builders and $28, 250 in statutory damages against Christopher Prince who owned the web site.
This represents the first time that a SEO/Web Host or other Internet Intermediary was found liable for contributory infringement without having first received actual notification of the counterfeit sales from a third party.
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