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Gripes on Yelp Prompt Controversial Rulings

Consumer reviews posted on the popular website Yelp have sparked recent litigation in Florida and Virginia. One case concerned the admissibility of Yelp reviews as evidence, and the other raised the issue of unconstitutional prior restraint. Florida Court Permits Use of Yelp Reviews to Show Actual Confusion Proving likelihood of confusion is a key element of a trademark infringement claim. A trademark infringement case often will turn on whether the plaintiff can show that consumers are likely to confuse the plaintiff?ÇÖs goods or services with those of the defendant. Evidence of actual consumer confusion can weigh powerfully in the plaintiff?ÇÖs favor. In You Fit Inc. v. Pleasanton Fitness LLC, the plaintiff had submitted two Yelp reviews of a fitness club as evidence that consumers were actually confused by the defendants?ÇÖ use of its ?Ç£YOU FIT?Ç¥ mark. According to the court’s February 11, 2013 order, the defendants were two former franchisees… Continue Reading

February 2013
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