NEW YORK, NY (February 18, 2005)…The Interactive Advertising Bureau (IAB) today filed a lawsuit in U.S. District Court for the Southern District of New York against MediaPost Communications and its affiliate Fadner Media Enterprises, LLC, alleging unauthorized use of the OMMA (Online Media Marketing and Advertising) trademark jointly owned by IAB and MediaPost.
As alleged in the lawsuit, the OMMA trademark was initially created to represent the collaboration between IAB and MediaPost formed in June 2004 for the purpose of co-producing the 2004 Interactive Advertising World, which included the OMMA event. The lawsuit charges that subsequent to dissolution of the collaboration, MediaPost has been engaged in actions inconsistent with the parties’ joint ownership of the OMMA mark, including filing an application to register the OMMA mark solely in the name of Fadner Media Enterprises, LLC (“Fadner Media”) with the United States Patent and Trademark Office.
“The continued use of the OMMA trademark confuses the marketplace by suggesting that there is an ongoing relationship between IAB and MediaPost with a perceived co-production of their industry events,” said Greg Stuart, president and CEO, IAB. “After several failed attempts from the IAB and its Board of Directors to dissuade MediaPost from using the trademark, we were left with no other option than to seek relief from the courts. We hope for a quick resolution in this matter.”
In the promotion and development of its September 2005 MIXX Conference, Expo and Awards Show, IAB will not be using the OMMA trademark.
The IAB seeks permanent injunctive relief restraining defendant from using the OMMA mark in any further communications or public announcements without the IAB’s prior written consent.
Founded in 1996, the Interactive Advertising Bureau (IAB) represents over 200 leading interactive companies that are actively engaged in, and support the sale of interactive advertising. IAB members are responsible for selling over 86% of online advertising in the United States. On behalf of its members, the IAB evaluates and recommends standards and practices, fields interactive effectiveness research and educates the advertising industry regarding the use of interactive advertising.
Contact: Cathy Callegari