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"The only thing necessary for the triumph of evil is for good men to do nothing"
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Issues in original lawsuit: Trademark Infingement
Discussed by Court: Trademark Infingement

CD Solutions v Tooker, 15 F. Supp. 2d 986 (D. Or. 1998)

PLAINTIFF: CD Solutions sells and manufactures CD-ROM compact discs.

DEFENDANT : John Tooker and Commercial Printing/CDS Networks, Inc., (with "CDS" standing for "Commercial Documentation Services") provides computer documentation services to software manufacturers throughout the world.

CDS issued a "cease and desist" letter to CD Solutions asserting that the use of the Internet domain name "cds.com" in association with the sale and manufacture of CD-ROMs infringed upon CDS' trade symbol "CDS," which is Trademark Registration No. 2,006,249. CD Solutions filed a motion for the court to take judicial notice, and a motion for summary judgment claiming no likelihood of confusion and that CDS should not assert a trademark right to the generic use of "CDs" or "cds.com."

Plaintiff's motion to take judicial notice was denied and plaintiff's motion for summary judgment was granted with the trademark owned by CDS being declared generic.

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