The whole thing will be published shortly (hopefully, within 24 hours). Meanwhile, some excerpts:
.....As a result of defendants' wrongful actions, including their false and misleading descriptions and representations, Business Wire has incurred damages in an amount to be proved at trial consisting of, among other things, lost revenues, injury to its business relationships, and diminution in the value of and goodwill associated with the BUSINESS WIRE Marks......
.....Business Wire is informed and believes, and on that basis alleges, that defendants commenced use in commerce of the BUSINESS WIRE Marks well after the BUSINESS WIRE Marks became famous......
.....Upon information and belief, defendants, in the conduct of the wrongful acts above, willfully intended to trade on Business Wire's reputation, and/or to dilute the BUSINESS WIRE Marks.....
.....Defendants' wrongful actions, including the above-described dilutions of the BUSINESS WIRE Marks, have caused and continue to cause irreparable injury to the value and goodwill associated with the BUSINESS WIRE Marks, as well as to Business Wire's business, goodwill and reputation. Defendants' actions, if not enjoined, will continue, including using the BUSINESS WIRE Marks and confusingly similar marks to promote fraudulent investment solicitation schemes. Business Wire has no adequate remedy at law in that defendants' conduct is irreparably harming Business Wire, and the amount of its damages is difficult to ascertain......
.....As a result of defendants' acts of unfair competition, defendants have been benefitted to the detriment of Business Wire. Defendants should be required to provide restitution of such amounts to Business Wire...... |
