Earlier this year, the Chinese e-commerce platform, Alibaba, filed a trade mark infringement claim against the Dubai cryptocurrency company, Alibabacoin Foundation. In summary, Alibaba accused Alibabacoin of infringing its trade marks on the promotion of their cryptocurrency in order to deceive its US online investors to make them believe the two entities were associated. We previously reported on the claim here in more detail.
Alibaba owns a number of trade marks including Aliaba.com for business services and Alibaba for computer software.
The claim, filed in April, stated that Alibaba was seeking an injunction against Alibabacoin to prevent it from using its marks.
District Judge Kimba Wood originally refused to give Alibaba the remedy it was seeking, a preliminary injunction, but instead granted a temporary restraining order. It has been reported that, Alibaba had failed to prove a reasonable probability that Aliabacoin's websites were used to divert investors away from Alibaba and negatively affect their business.
Recently, District Judge Paul Oetken granted a preliminary injunction at the District Court for the Southern District of New York after Alibaba provided new evidence of consumers purchasing Aliababacoin. In effect, this injunction will prohibit Alibabacoin from using the 'Alibaba' marks alone or in combination with any words, marks, designs or images that are similar or likely to impair the distinctiveness of Alibaba's marks.
The granting of this preliminary injunction will help to support Alibaba's claim for trademark infringement. If the claim is successful, the court could potentially award compensatory damages, punitive damages and damages based on the Alibabacoin's profits.
If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or email@example.com.
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