Advertise.com, Inc. v. AOL Advertising, Inc., No. 10-55069, involved Advertising.com's appeal from a preliminary injunction barring it from using a designation or trade name that was confusingly similar to AOL's ADVERTISING.COM trademark. The court of appeals vacated an injunction in favor of plaintiff in part on the ground that Advertise.com was likely to rebut the presumption of validity and prevail on its claim that ADVERTISING.COM was generic.
As the court wrote: "Advertise.com, Inc., appeals the district court's entry of a preliminary injunction barring it from using a designation or trade name that is confusingly similar to Appellees' ("AOL") ADVERTISING.COM mark. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We reverse and vacate the preliminary injunction in part."