According to the World Intellectual Property Review website, we just discovered that Ancestry has settled its long-standing trademark infringement lawsuit with DNA Diagnostics Center. The settlement, announced on June 22, 2017, was related to the use of the term “AncestryByDNA” in advertisements by DNA Diagnostics.
The suit was dismissed with prejudice, with no monetary award and with each party responsible for its own legal fees.
No News from Ancestry.com
This afternoon I checked with my contacts at Ancestry.com and they indicated that there would be no official press release forthcoming from Ancestry.
Here is the announcement from the WIPR website:
Genealogy research website Ancestry.com has settled a trademark infringement lawsuit against rival DNA Diagnostic Centre (DDC).
On Thursday, June 22, US District Judge Susan Dlott dismissed the claim with prejudice, with each side responsible for its own attorneys’ fees.
The complaint was filed by Ancestry.com in November 2015 at the US District Court for the Southern District of Ohio.
It claimed that DDC had caused “significant actual confusion in the marketplace from its unauthorised use in commerce of Ancestry.com’s registered ‘Ancestry’ trademark”.
The complaint related to online adverts, in which DDC had used the AncestrybyDNA.com domain name and used the term ‘AncestryDNA’ in the adverts’ headline.
Ancestry.com claimed that the adverts had infringed several of its US trademarks, including US trademark numbers 3,852,700 for ‘Ancestry.com’ and 4,280,444 for ‘AncestryDNA’.
It added that after sending a cease-and-desist letter in August 2012, DDC agreed to temporarily remove the ‘AncestryDNA’ mark from the advert, but then were allegedly found to be using it again a month later.
Ancestory.com was seeking profits, injunctive relief, triple damages and a jury trial.
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