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Dupont won a damages award of $400,000 and an injunction against a Florida carpet cleaning company barring the company from using the DuPont and Teflon trademarks, as a result of a July 5 ruling by the U.S. District Court for the Middle District of Florida (E.I. Dupont v. Magic Touch Cleaning and Restoration Inc., M.D. Fla., No. 5:10-cv-00381-MMH-TEM, 7/5/11).
E.I. du Pont De Nemours and Co. holds trademark registrations for the terms “DuPont” and “Teflon.” The company sued Tavares, Fla.-based Magic Touch Cleaning and Restoration Inc. seeking to stop its use of the marks in the latter's carpet cleaning products and services.
Magic Touch failed to respond to the complaint, and Magistrate Judge Thomas E. Morris filed a report Feb. 28 finding that DuPont had adequately pleaded and proved trademark infringement, trademark counterfeiting, false designation of origin and unfair competition, false descriptions and representations of fact, and trademark dilution.
Judge Marcia Morales Howard accepted the magistrate's suggestion to enter judgment in favor of DuPont for $200,000 per mark and to enjoin Magic Touch from further use of the marks. The court added an order requiring the defendant to return or destroy infringing materials and to refrain from “requesting or inducing Internet search engines to display links to Defendant's website” upon users' entries of the DuPont and Teflon search terms.
Dickerson M. Downing of Crowell & Moring, New York, represented DuPont.
By Tony Dutra
Magistrate's report at http://pub.bna.com/ptcj/100381Feb28.pdf
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