Conduit licenses its online platform to companies such as MyPlayCity which allows companies to create customized toolbars. Customized toolbars can be downloaded and installed by users on their web browsers giving the user quick and easy access to companies’ online material. In exchange for licensing its toolbar, Conduit keeps a portion of the revenue that is earned every time a consumer uses the toolbar.
In early part of 2009, Conduit wished to obtain more favorable terms for its relationship with MyPlayCity. Conduit wanted MyPlayCity to exclusively use Conduit’s online platform for creating MyPlayCity-branded toolbars, thereby restricting MyPlayCity’s ability to form business relationships with other companies. After MyPlayCity refused to heed to Conduit’s demands, in September, 2009, Conduit alleged that it had terminated the prior agreements with MyPlayCity. Even after Conduit stated that it had terminated the agreements with MyPlayCity, Conduit still continued to distribute the toolbars containing MyPlayCity’s trademark and allowing access to MyPlayCity’s content. In fact, Conduit distributed these toolbars well after numerous demands by MyPlayCity to cease such practice and even after the lawsuit was filed by MyPlayCity. Conduit refused to share with MyPlayCity the revenues which Conduit received after Conduit said that it had terminated the agreement, even though these revenues were received as, a result of Conduit’s use of MyPlayCity’s games and trademark.
March 1, 2010 $5000.00
July 29, 2011 $5000.00 $5,000.00 $5,000.00 after
Federal Trademark Infringement and Unfair Competition Claims and Common Law Trademark Infringement Claim. See
Common Law Unfair Competition. See
Unjust Enrichment Claim. See
Punitive Damages. See
Alexander Rodichev, MyPlayCity CEO, commented "While MyPlayCity intends to pursue its right to obtain proper payment from Conduit for the period up to when Conduit claims it terminated the agreements, MyPlayCity is nonetheless pleased with the decision by the Court and confident that, when MyPlayCity presents the facts to the jury, MyPlayCity will be fairly compensated for the damages caused by Conduit’s unscrupulous business practices and actions. We are also looking forward to a jury decision that we believe will render punitive damages which would both penalize Conduit for its behavior and deter such dishonest and injudicious behavior in the internet industry."
SOURCE MyPlayCity, Inc.