· 7/28/2011
TrafficSchool.com, Inc. v. Edriver Inc.
Citations
- 653 F.3d 820
- 2011 WL 3198226
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court applied the wrong legal standard by failing to consider the opposing party’s conduct that warranted the grant of injunctive relief
- stating that a presumption of commercial injury takes place “when defendant and plaintiff are direct competitors” who “vie for the same dollars from the same consumer group”
- noting that the plaintiffs “compete with defendants for referral 19 revenue” and thus “[s]ales gained by one are thus likely to come at the other’s expense” 20 (citation omitted)
- denying plaintiffs an award of profits because they “didn’t produce any proof of past injury or causation”
- questioning whether the unclean hands 9 doctrine applies to a statutory fee-shifting provision that does not “use the word ‘equity’” 10 (citations omitted)
- labeling a plaintiff and defendant direct 26 competitors because they both market and sell traffic school and driver’s ed courses to the 27 same target market
Source: CourtListener parenthetical corpus (CC0).
Judges: Kozinski, Fletcher, Gettleman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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