Ezzo v. Google

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

03/17/2009

Status: 

Pending

Location: 

Florida

Verdict or Settlement Amount: 

N/A
Jamil E. Ezzo, who holds a Supplemental Register trademark in the phrase "Locate Plastic Surgeon," sued Google, AOL.com, various plastic-surgery websites, and other defendants over their alleged use of the phrase.  Ezzo's Supplemental Register trademark is a federally-registered trademark that... read full description
Parties

Party Receiving Legal Threat: 

Google, Inc.; AOL.com; Time Warner, Inc.; GetMeQuotes.com; FindCosmeticSurgeons.com; DoctorsSayYes.com; My Choice Medical Acquisition Sub Inc.; FindYourPlasticsurgeon.com; Baskettcase Web Development; IEnhance.com; PlasticSurgery.com; PlasticSurgery.

Type of Party: 

Individual

Type of Party: 

Organization
Large Organization

Location of Party: 

  • Florida

Location of Party: 

  • California
  • Texas
  • Illinois
  • Pennsylvania
  • Virginia
  • Delaware

Legal Counsel: 

James Anthony Bombulie; James M. Miller; Samuel S. Heywood
Description

Jamil E. Ezzo, who holds a Supplemental Register trademark in the phrase "Locate Plastic Surgeon," sued Google, AOL.com, various plastic-surgery websites, and other defendants over their alleged use of the phrase.  Ezzo's Supplemental Register trademark is a federally-registered trademark that does not carry all of the legal protections enjoyed by full-fledged trademarks in the Principal Register.

Ezzo's pro se Complaint accuses the defendants of profiting through the improper use of his trademark.  Though the specifics of the defendants' alleged actions are not clear, it appears that Ezzo takes issue with the websites' use of the phrase in keyword advertising.  Ezzo's primary legal claim is fraud; he does not bring direct claims of trademark infringement.  The fraud appears to arise from occasions when the defendants' allegedly "fraudulently induced plaintiff to enter into the written and oral agreements," though the complaint does not describe the substance of these agreements.

Details

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Linking
  • Trademark
  • Advertising
  • Business Torts
Court Information & Documents

Jurisdiction: 

  • Florida

Source of Law: 

  • United States
  • Florida

Court Name: 

United States District Court for the Middle District of Florida

Court Type: 

Federal

Case Number: 

2:09-cv-159

Relevant Documents: 

CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

Source: Marc Randazza/CMLP Blog