Disney Takes a Point in GoTo.com Fight

The Walt Disney Co. late Thursday won back the right to use its green light logo for the Go Network portal after losing it earlier in the week during its ongoing legal battle with GoTo.com.

Judges from the Ninth Circuit Court of Appeals in San Francisco overturned a preliminary injunction against the Go Network, which forced the logo removed from the Web site and television stations. GoTo.com (GOTO) sued Disney (DIS) and its subsidiary, Infoseek (SEEK), for trademark infringement because both companies logos look similar.

“The decision today by the 9th Circuit to issue a stay is a procedural one and not a ruling on the merits of the case,” said Pierce O’Donnell, litigation counsel for GoTo.com. “We are confident that when the 9th
Circuit reviews the facts of the case, they will affirm Judge Hatter’s preliminary injunction order.”

As of Friday morning, the Go Network still featured an alternate logo, with the word GO.com in basic green.

Goto.com’s trademark litigation counsel on the case is David Fleming of the
firm Brinks Hofer Gilson & Lione in Chicago. He said that the Go Network’s logo has caused confusion among Goto.com’s customers.

“When you’re looking at a trademark, you’re taking a symbol or a device, or a combination of shapes, colors and words,” he said. “Those elements come to be associated with a particular company and its goodwill.”

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