First Call Properties v. Craigslist [1]

First Call Properties and its officers filed suit against AAA Apartment Locating and Craigslist in Texas state court, alleging, among other claims, trademark infringement, defamation, intentional infliction of emotional distress, and tortious interference.  According to the complaint [2], First Call began posting advertisements on Craigslist's Corpus Christi site using their trademark phrase "First Call" in March of 2009.  Shortly thereafter, AAA allegedly began posting advertisements to the same Craigslist local site using the words "first call," "call first," and "call us first."  (Compl. [2] 3.)  First Call alleges that AAA posted these ads "deliberately and intentionally in an effort to confuse the public into believing the ads were posted by [First Call]."  (Compl. 3.)  It also claims that AAA's ads contained "false, libelous and misleading information" about First Call.  (Compl. 4.)

First Call asserts that it sent multiple cease and desist notices to AAA, with copies sent to Craigslist.  Based partly on this, it asserts that Craigslist knew of AAA's "unauthorized practice" and did nothing to stop it, materially contributing to AAA's alleged infringement.  (Compl. 5.)  First Call is seeking temporary and permanent injunctions and damages.

On May 29, 2009, the Nueces County District Court entered a temporary restraining order [3], barring AAA from posting ads containing phrases such as "first call," "call first," or "call us first," which might cause confusion and deceive the public; using a telephone logo similar to that used by First Call; making false or defamatory statement about First Call or its officers, agents, or employees; or causing ads posted by First Call to be removed from Craigslist or any other public domain.  Craigslist was barred from removing legitimate ads posted by First Call. 

The temporary restraining order was made reciprocal [4] by the court, pursuant to an agreement by the parties, thus barring First Call from using AAA's trademarks, making false or defamatory statements about AAA, or causing AAA's ads to be removed.  It was also extended to include Stephan Noak and Sarah Regmund, owner of Free Apartment Locators, neither of whom are parties to the litigation.

On June 26, 2009, the case was removed to the federal District Court for the Southern District of Texas.  A hearing is scheduled for July 29 before Judge Janis Graham Jack.

UPDATE: 

07/15/09- First Call filed a motion to dismiss the case against Craigslist. However, it continued its suit against the other parties.