Los Angeles, CA – Trademark attorneys for Life Alert Emergency Response, Inc. commenced trademark infringement litigation, at the Federal District Court in Los Angeles, against Netstake, LLC. Plaintiff has used Life Alert® as its trademark for services and related products targeted to seniors for more than twenty years. You might remember Plaintiff’s endearing “I’ve fallen and I can’t get up” television commercials. Plaintiff has registered the Life Alert® trademark with the U.S. Patent & Trademark Office, which registration has become in contestable.
The complaint alleges that “Defendant has willfully violated Life Alert’s rights in the Life Alert Mark, by using the Life Alert Mark in connection with metatags, source code and web pages for its websites. Defendant’s improper and unlawful uses of the Life Alert Mark are for the purpose of selling products and services competitive to those of Life Alert.” In addition to preliminary and permanent injunctions, Plaintiff seeks monetary damages for the alleged trademark infringement and unfair competition. The case is titled Life Alert Emergency Response, Inc. v. Netstake, LLC, CV08-05088 GHK (C.D. Cal. 2008).
PRACTICE NOTE: Professor Eric Goldman believes that “lawsuits over metatag usage are so 1999.“