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Digitas Inc is a Delaware based corporation and a subsidiary company of Publicis Groupe from France. It is a leading innovator and developer of advertising, marketing, promotion and consulting products including the digital media marketing and internet based services. It has been using ‘Audience on Demand’ phrase in connection with the advertisement, promotion, offering and sale in its business of audience targeting capabilities for advertising networks and publishers since, 2008.
Now another company, Rocket Fuel, which is also in the same sphere of business and being a Delaware Corporation, is using the same phrase to promote its business within the boundaries of place of business of Digitas Inc.
This act by Rocket Fuel has been strongly opposed by Digitas, as it told that it has only authorized, Vivaki Inc which is also a subsidiary company of Publicis Groupe.
In this context a complaint case was filed by Deirdre E. Sanders, the attorney on behalf of Digitas Inc., in US District court of Massachusetts on 4th February. According to the complaint, three counts of unfair competition, infringement of common law trademark rights and false designation of origin, false or misleading description of facts and false or misleading representation of facts under the Lanham Act have been proposed against Rocket Fuel Inc for using the above mentioned phrase.
Sanders told that Rocket Fuel Inc has used the phrase on a webpage in its website and which is clear case of trademark infringement to promote their business.
A pdf documents which is also available on Rocket Fuel Inc’s website says, “Audience on Demand gives you the ability to instantly scale and add audience targeting capabilities to your sales offerings. The proprietary optimization technology utilizes dozens of online and offline data providers to provide targeted audience modeling and reach extension on certified brand safe inventory across all the major exchanges and publishers in the Rocket Fuel Network.”
This is also framed by the attorney as one of the key evidences against Rocket Fuel in the complaint case.
Related documents : District of Massachusetts / 1:11-cv-10198 Docket Complaint
Tags : Digitas, Vivaki, Publicis Groupe, Audience on Demand, Rocket Fuel, trademark infringement
By : Rahul Baiswar
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