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JENZABAR, INC. v. LONG BOW GROUP, INC.

No. 11-P-1533.

82 Mass. App. Ct. 648 (2012)

JENZABAR, INC. v. LONG BOW GROUP, INC.

Appeals Court of Massachusetts, Suffolk.

October 18, 2012.

Attorney(s) appearing for the Case

Joshua M. Dalton (Lawrence T. Stanley, Jr., with him) for the plaintiff.

Paul Alan Levy, of the District of Columbia, for the defendant.

Douglas R. Wolf & Christina M. Licursi, for Boston Patent Law Association, amicus curiae, submitted a brief.

Christopher T. Bavitz, for Digital Media Law Project, amicus curiae, submitted a brief.

Present: BERRY, MILKEY, & SULLIVAN, JJ.

MILKEY, J.

Defendant Long Bow Group, Inc. (Long Bow), operates a Web site that contains information critical of plaintiff Jenzabar, Inc. (Jenzabar). During the relevant time period, an Internet user who conducted a search for the term "Jenzabar" using the Web site Google.com (Google) would have found Long Bow's site prominently listed among the search results. According to Jenzabar, that listing was likely to confuse Internet users into believing that the Long Bow...

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