GoTo.com Tuesday won step two in its logo battle with the Go Network, as a federal judge denied the Walt Disney Co. and Infoseek Corp. a stay of the preliminary injunction issued Friday.
On Friday, U.S. District Judge Terry J. Hatter Jr. found that the logos for GoTo.com (GOTO) and the Go Network, a joint venture by Disney (DIS) and Infoseek (SEEK), were too similar and “has caused, and is likely to continue causing, confusion among consumers. . .and that as a result of this confusion, [GoTo.com] will suffer irreparable harm.”
The judge issued a preliminary injunction that barred the Go Network from using the questioned logo until a full trial is presented in the spring. Although as of Tuesday the logo had been changed, Disney and Infoseek countered the ruling by requesting a stay of the preliminary injunction.
In addition to Tuesday’s denial, Hatter also accepted GoTo’s proposed amendment to the injunction, which allows the defendants to phase out over 60 days existing printed, film, videotape and other materials with the Go Network logo, while still immediately removing the logo from all Internet sites and broadcast television networks they control.
“We are gratified that the court has once again upheld GoTo’s rights to our logo, and the right of
consumers not to be confused in the Internet marketplace,” said Jeffrey Brewer, GoTo.com’s CEO.
“While Disney has the obligation to comply with the court’s order, we recognize that it will take some time for them to do so in terms of existing printed and other materials. That is why we offered the limited phase-out amendments to the injunction.”
Go Network representatives could not be reached for comment.