Waymo additionally highlighted that the defendants’ use was not restricted to a trademark within the typical sense however prolonged to commerce identify use, together with the incorporation of “Waymo” of their firm identify. The Court docket famous that this raised points below commerce identify safety as properly.
Waymo submitted that even after issuance of a cease-and-desist discover, the defendants continued utilizing the impugned mark. Whereas their earlier area identify was not renewed, they allegedly migrated to a different web site the place the mark continued for use. The mark was additionally mirrored on social media platforms and in enterprise communications.
The Court docket had earlier declined to grant an ex parte injunction and as a substitute issued discover to the defendants, directing service by means of all permissible modes, together with digital means, whereas itemizing the matter for additional consideration.
