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WWP, Inc. v. Wounded Warriors Family Support, Inc., No. 10-1794

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By FindLaw Staff on January 13, 2011 11:17 AM

Action Claiming False Web Advertising

In WWP, Inc. v. Wounded Warriors Family Support, Inc., No. 10-1794, an action alleging that defendant sowed confusion on the Internet by using a website to solicit donations intended for plaintiff, in violation of Nebraska law, the court affirmed judgment for plaintiff where 1) the district court did not abuse its discretion in refusing to require plaintiff to "dump" all of its donation records on defendant; 2) the district court gave a cautionary instruction about its prior entry of a preliminary injunction; and 3) a reasonable jury could infer that many of the 7,500 donations -- even those lacking any specific reference to plaintiff or its more well-known marketing efforts -- were intended for plaintiff in light of defendant's deceptive and unfair trade practices and defendant's lack of advertising or promoting its own charitable work.

 

As the court wrote:  "WWP, Inc. d/b/a Wounded Warrior Project (WWP) and Wounded Warriors Family Support, Inc. f/k/a Wounded Warriors, Inc. f/k/a Wounded Warriors Hospital Fund (WWFS) are two distinct charities that assist injured veterans and their families. WWP alleges WWFS sowed confusion on the Internet by using a website to solicit donations intended for WWP, in violation of Nebraska law. After a jury trial, the district court1 awarded WWP approximately $1.7 million and entered a permanent injunction against WWFS. WWFS appeals. We dismiss in part and affirm in part."

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