Playboy Goes After AOL

SAN FRANCISCO, Calif. – A three-year lawsuit between Playboy Enterprises and Excite.com drew to an end this week in a U.S. appeals court, and the 50-year-old bunny came out the winner.

Playboy sued Excite.com in 1999, along with Netscape, alleging that the two companies had infringed on the 'Playboy' and 'Playmate' trademarks in Internet searches and banner ads that did not link to official Playboy content.

Since the lawsuit filing, Redwood City, Calif.-based Excite@Home, parent company of Excite.com, declared bankruptcy in September of 2001, and Netscape has since been bought by AOL/Time Warner.

In December 2001, Excite@Home, a high-speed Internet access provider, laid off about 400 workers as it prepared to shutter its doors. At one point during the end of its run, Excite was being courted by AT&T in a $307 million bid for its cable assets, but the telecom withdrew and Excite went under.

In its lawsuit, Playboy named around 400 words used in misleading banner ads that insinuated a relationship to Playboy Enterprises, Reuters reported.

Playboy argued in its lawsuit that Excite.com was using its trademark in a deliberately confusing manner and that traditional trademark law should be transferable to the electronic medium.

Playboy's central argument was that the misleading banner ads "tarnished and diluted" the Playboy brand name.

Playboy lost the first round in the suit in 2001, but the appeals court this week decided that the Playboy trademark should be protected regardless of how it is transferred throughout the Internet.

Playboy's attorney in the case said that his client fully intends to pursue Excite.com for damages regardless of its bankruptcy status, according to Reuters.

The appeals court also reinstated Playboy's right to proceed in a trademark infringement suit against Netscape Communications Inc., now under the vast wingspan of AOL/Time Warner. Playboy is most likely to go after damages somewhere in the seven figures, sources say.

"The decision makes clear that the rules apply in the actual world with equal force to the virtual world," Playboy's attorney was quoted as saying. "In the Internet as in the actual world, trademarks are not to be used in a way that is confusing or that dilutes the value of the mark."

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Holiday Products Signs Distro Deal With Emojibator

Holiday Products has signed a distribution deal with pleasure brand Emojibator.

SWPA to Hold Facebook Live Event Next Month

The Sexual Wellness Professionals Alliance (SWPA) will be holding a Facebook Live event on May 1 at 6 p.m. (PDT).

Honey Play Box Signs Canadian Distro Deal With EP Products

Honey Play Box has signed a deal with Canadian distributor EP Products.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

Neon Coyotes Releases 'Day Collection'

Neon Coyotes has debuted its latest drop of BDSM wear, the Day Collection.

Ashley Manta Appointed Sexual Wellness Curator at Bspoke

2020 XBIZ Sexpert of the Year Ashley Manta has been appointed a curator of sexual wellness brands and events at Bspoke.

Orion Unveils 2 New Ergonomic Dual Vibrators

Orion Wholesale has introduced two new ergonomic dual vibrators from its Sweet Smile line.

XR Brands Releases 'Pup Teddy Bear' BDSM Plush

XR Brands has expanded its Master Series collection of BDSM-themed teddy bears with the Pup Teddy Bear Plush.

Sexperts Business Community Launches Platform for Promoting Counseling Services

The Sexperts Business Community (SBC) has launched a new online platform for sex and relationships experts.

SexToyDistributing Now Shipping New BDSM Sets From Bedroom Bliss

SexToyDistributing is shipping three new BDSM sets from couples-centric pleasure brand Bedroom Bliss.

Show More