Labrador Software v. Lycos

Citation: Labrador Software, Inc. v. Lycos, Inc., 32 F.Supp.2d 31 (D. Mass. 1999)(full-text).

Factual Background
Plaintiff used the marks LABRADOR, LABRADOR E-RETRIEVER, and a Labrador dog image in connection with its software designed to search corporate Intranets.

Trial Court Proceedings
It sought a preliminary injunction to prevent defendant from using an image of a black Labrador dog called “Lycos” to advertise its Internet search engine, alleging trademark infringement and dilution. The court denied the motion for a preliminary injunction, finding that plaintiff’s marks were not protectable. Specifically, the court held that the marks were merely descriptive, primarily based on evidence that a number of third parties used identical or similar marks in the Internet industry. And plaintiff’s use of its marks in a “limited promotional campaign for its yet-to-be released product” over a few months was insufficient to establish secondary meaning.

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