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Brookfield Communications, Inc. v. West Coast Entertainment Corp.
United States Court of Appeals for the Ninth Circuit
174 F.3d 1036 (1999)
Brookfield Communications, Inc. (Brookfield) (plaintiff) created a software program that featured a searchable database of entertainment industry information. Brookfield named the software MovieBuff and began marketing its database under the MovieBuff mark in 1993. Brookfield also eventually registered MovieBuff as a trademark under federal and California law. In 1996, Brookfield attempted to register the domain name moviebuff.com, but was informed that moviebuff.com had already been registered by West Coast Entertainment Corporation (West Coast) (defendant). West Coast intended to use moviebuff.com to launch a searchable entertainment database similar to Brookfield’s Movie Buff. Since 1991, West Coast had owned the registered service mark: “The Movie Buff’s Movie Store.” West Coast also noted that it had used the term “Movie Buff” since at least 1988 to promote its goods and services. Brookfield sued and sought an injunction prohibiting West Coast from using moviebuff.com. The trial court denied Brookfield’s motion. Brookfield appealed.
Rule of Law
Holding and Reasoning (O’Scannlain, J.)
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