Philip Morris USA, Inc. v. Jiang, No. 11-CV-24049, 2011 BL 315866 (S.D. Fla. Dec. 12, 2011) In a trademark infringement and counterfeiting action, the U.S. District Court for the Southern District of Florida issued a preliminary injunction enjoining foreign defendants from using plaintiff's trademarks in domain names, metatags, websites, links to other websites, and search engine databases. The court also ordered other broad remedies, including directing Western Union Financial Services, Inc. to divert money transfers made by U.S. consumers to three of the named defendants and ordering the domain name registrar GoDaddy.com, Inc. to hold the domain names in trust during the action and to redirect the domain names to a website containing a copy of the complaint, summons, and other court documents. This decision follows a recent case in which the U.S. District Court for the District of Nevada seized domain names associated with websites that sold counterfeit Chanel goods and ordered other relief similar to the instant case. See District of Nevada Orders Search Engines and Social Media Sites to De-Index Domain Names Linked to Sites That Sell Counterfeit Chanel Goods, Bloomberg Law Reports – Technology Law, Vol. 3, No. 25 (Dec. 12, 2011). Based on these decisions, it is likely that more and more companies will attempt to seek broad preliminary injunctions or other such relief in cases involving the sale of infringing items on foreign websites.
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