Kaye Scholer represented ConsumerInfo.com, Inc., owner of the FreeCreditReport.com® trademark and website, and part of the Experian family of companies, in its successful suit against competitors One Technologies LP and Adaptive Marketing LLC for registering and using domain names similar to FreeCreditReport.com®. The Defendants claimed the FreeCreditReport.com® trademark was generic, that ConsumerInfo's registration for the mark was obtained by fraud on the Patent and Trademark Office, and was used by ConsumerInfo in violation of the antitrust laws. After a four-week trial, a unanimous federal jury in the Central District of California rejected the fraud defense and found that the FreeCreditReport.com® mark was distinctive and famous, mooting the antitrust issues. After finding the that Defendants registered the infringing domain names in bad faith, the jury concluded that ConsumerInfo's lost profits and Defendants' unjust profits totaled $1.9 million.
The trial team was led by Rhonda R. Trotter, and included Robert Bell, Joshua Stambaugh, Oscar Ramallo, Darya Pollak Laufer, and Amanda Myers.
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