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Date: 03-24-2000

Case Style: Spear, Leeds & Kellogg v. Richard Rosado

Case Number: 99-CV-11417

Judge: Jed S. Rakoff

Court: United States District Court for the Southern District of New York

Plaintiff's Attorney: Robert Penchina and Steven T. Shelton of Rogers & Wells, L.L.P., New York, New York

Defendant's Attorney: Unknown

Description: Plaintiff bought suite against Richard Rosado on the grounds to trademark infringement, trademark dilution, and unfair competition. Plaintiff alleged that defendant registered and used as an Internet domain name SLK's well-known REDI-BOOK trademark, as well as operating a web site under the infringing name REDI-BOOK.COM that purported to offer the same financial services offered under SLK's REDIBOOK mark.

SLK owns the federally registered mark "REDI" for use in connection with certain electronic securities services. Since 1997, SLK has operated an electronic communications network, or "ECN," under the REDIBOOK mark. In addition to its REDIBOOK mark, SLK offers a variety of financial services under the REDI family of marks.

On September 16, 1999, Rosado applied for and obtained a registration for the Internet domain name "redibook.com," as well as registrations for various other domain names containing the term "redi," such as "redibook.org." Rosado then began operating a web site entitled "Redi-Book.com" at the redibook.com Internet address, in connection with which the touted that the site was the information source for the "latest Wall Street phenomenon" and would eventually "include discount online trading, promotions, such as free online trades and other customer benefits." Additionally, Rosado's RediBook.com web site displayed the logos of, and hyperlinks to, a number of SLK's competitors.

SLK claimed that it was entitled to relief for trademark infringement and for false designation of origin under section 43(a) of the Lanham Act. 45 U.S.C. 1114(1), 1125(a). Although SLK did not yet own a federal registration for REDIBOOK, it nonetheless asserted a claim for trademark infringement and false designation of origin under section 43(a) of the Lanham Act.

Outcome: Preliminary injunction issued by the Court enjoining Rosado, his agents, employees, and any other persons acting in concert with him "from using in any way the designation REDIBOOK.COM and any designation that included the mark REDI, or any confusingly similar designation.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: For more information about this case, see: 122 F.Supp.2d 403 (S.D.N.Y. 2000).

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