Judge Grants GoTo.com Preliminary Injunction Against Disney & Infoseek Logo
Added: (Sun Nov 14 1999)
Pressbox (Press Release) -
Company Press Release Judge Grants GoTo.com Preliminary Injunction Against Disney & Infoseek Use of Go.com Logo LOS ANGELES--(BUSINESS WIRE)--Nov. 14, 1999--United States District Court Chief Judge Terry J. Hatter, Jr. issued an order on Friday, November 12, granting the preliminary injunction requested by GoTo.com, Inc. (NASDAQ:GOTO - news) against the Walt Disney Company (NYSE:DIS - news), Infoseek Corporation (NASDAQ:SEEK - news) and other related companies. The court ordered Disney to stop using its Go.com design mark, which GoTo.com has charged is too similar to its own.
"The Court finds that Plaintiff has demonstrated that it is likely to succeed on the merits of its claim that Defendants' use of the Go.com design mark for the Go Network has caused, and is likely to continue causing, confusion among consumers... and that as a result of this confusion, Plaintiff will suffer irreparable harm...," Judge Hatter's order read.
The judge prohibited Disney "from using GoTo's design mark or any confusingly similar variation thereof, including, but not limited to Defendants' Go.com design mark..." pending a full trial. The order takes effect immediately upon GoTo.com's filing on Monday of a $25,000 bond. The pre-trial conference is scheduled for March of next year.
"We are thrilled with this ruling. It helps us to eliminate the confusion created by the similarity of Disney's logo to our own," said Jeffrey Brewer, GoTo.com's Chief Executive Officer.
The winners today are all of GoTo's customers - consumers, advertisers and affiliates."
GoTo.com sued Disney in February 1999, charging that Disney's then newly-launched Go Network had unlawfully adopted a logo that is confusingly similar to the unique logo that GoTo.com has been using since December, 1997.
GoTo.com is represented by litigation counsel Pierce O'Donnell and Gary Urwin of the firm O'Donnell & Shaeffer in Los Angeles, and by trademark counsel David Fleming of the firm Brinks Hofer Gilson & Lione in Chicago.
GoTo.com (NASDAQ:GOTO - news) created and operates an online marketplace that introduces consumers and advertisers. Each advertiser pays GoTo.com the amount of its bid whenever a consumer clicks on an advertiser's listing in the search results. Consumers conduct searches using the GoTo.com search service at its Web site and at approximately 120,000 locations across the Internet where GoTo.com can be accessed through its Search Syndication Network(TM). Advertisers bid in an ongoing auction for priority placement in the search results with the highest bidder's site appearing first in the results. Each advertiser pays GoTo.com the amount of its bid whenever a consumer clicks on an advertiser's listing in the search results. This dynamic, together with GoTo.com's streamlined search method, improves a consumer's ability to quickly and easily find relevant Web sites providing information, products and services. GoTo.com ranked ahead of Yahoo!, Excite, Lycos and the Go Network in the category "frequency of finding information sought every time" in an independent online consumer survey recently conducted in the summer of 1999 by NPD Online Research. GoTo.com ended the third quarter of 1999 having made more than 54,000,000 introductions between consumers and advertisers, and had more than 16,000 advertisers in its marketplace in September 1999. GoTo.com is located in Pasadena, California and can be found online at http://www.goto.com/.
Certain statements in this news release constitute "forward-looking statements." These forward-looking statements are inherently uncertain. Actual results may differ materially from these forward-looking statements due to risks such as: the risk that this litigation may or may not continue to proceed favorably for GoTo.com. For a discussion of some of the other risks and factors that could affect GoTo.com's future results, see the discussion of
Risk Factors" in its Prospectus, dated June 18, 1999, its June 30, 1999 10Q, and its September 30, 1999 10Q.