DR Media Holdings, LLC et al. v. Top Rated Online LLC (18-cv-11163).

  • June 6, 2018

DR Media Holdings and its wholly-owned subsidiary, DealerRater.com, LLC, sued Michigan company Top Rated Online LLC, for trademark infringement, false designation of origin, unfair competition, and violation of Mass. G.L. 93A. DR Media runs a website, www.dealerrater.com, that provides ratings and consumer reviews of automotive dealers and service centers. In connection with these reviews, DR Media (seen previously here) annually awards dealerships for best dealer and customer satisfaction, and offers to sell the dealers trophies bearing the trademarked award logos. DR accuses Top Rated of offering to produce trophies for the award winners bearing these logos and DR 2019s DEALERRATER trademark. DR cites specific examples of this occurring with dealerships in Tennessee and Michigan, but only generally alleges infringing activity occurring in Massachusetts, leaving the 93A claim, which requires the acts complained of take place substantially within Massachusetts, in doubt. Judge Saylor has been assigned to the case.

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