As most domainers know there is an ongoing dispute between AOL’s Advertsing.com in its claim of right against Ad.com and Advertise.com.
In a case that strikes us a being very similar, a federal jury has decided in favor of New Jersey based Ad Magic ruling that its corporate name and Web sites, admagic.com, admagic-inc.com, admagicadvertising.com, and admagic.org, do not infringe upon the trademark rights of California based Advertising Magic Inc.
Ad Magic brought suit against Advertising Magic in 2006, seeking a declaratory judgment, following the receipt of a cease and desist letter which also threatened that it would bring a lawsuit for $450,000 if the domains were not turned over.
Advertising Magic even filed a UDRP against AdMagic in 2007 but the panel could not render a decision because of the then pending federal case.
Court records show both Ad Magic and Advertising Magic operated without knowledge of each other for roughly eight years.
Rosalind Boukis, president of Advertising Magic is quoted as saying:
“I’m completely disappointed by what happened,” says . “I don’t think the jury understood what was going on. I thought our trademark was protected. They can say that we’re not competitors because they’re in New Jersey, but we absolutely play in the same space on the Internet.” some of Advertising Magic’s clients have confused the two companies. “We’re called Ad Magic by a lot of people,” says Boukis.
Wow does this sound familiar.
This is exactly what AOL argued about its own Advertising.com being referred to as Ad.com.
If this federal court didn’t buy the argument, AOL’s claim against ad.com just got a lot weaker.