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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46374 Judge Spatt AN ACTION arose out of claims by plaintiffs against defendants, alleging that defendants engaged in copyright infringement, common-law trademark infringement, unfair competition, false advertising and deceptive trade practices. The parties compete in the mail-order business specializing in products for the blind, visually impaired and physically disabled. A jury had found that plaintiffs owned a trademark for the phrase “Independent Living Aids” and the court granted an injunction permanently enjoining defendants from using plaintiffs’ trademarks in connection with the sale of their products. Plaintiffs subsequently moved to amend the court’s modification of the amended judgment in order to enjoin defendants’ use of the phrase “independent living aids” in lower case letters. The court granted the motion, noting that Internet search engines are not case sensitive and that an Internet search for “independent living aids” yields the same result as a search for “Independent Living Aids.”

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