This case was last updated from U.S. District Courts on 01/10/2022 at 08:16:44 (UTC).

Allegis Group, Inc. v. Youtube, LLC et al

Case Summary

On November 11, 2021, Allegis Group, Inc. (“Allegis Group” or “Plaintiff”), represented by Sherry H. Flax of Saul Ewing LLP, filed an intellectual property lawsuit against YouTube, LLC (“YouTube”) and John Does Nos. 1-7 (“YouTubers” or “Scammers” or “Defendant”), seeking monetary damages, interests, costs, and other reliefs for alleged irreparable harm to Plaintiff’s public image, brand, and reputation. This case was filed in the United States District Court in the District of Maryland with Judge Richard D. Bennett presiding.

 

This complaint arises from a direct consequence of YouTube’s decision to promote and legitimize an alleged pervasive and injurious fraud occurring on its platform, as perpetrated by the Scammers. YouTube’s refusal to take remedial action compels Allegis Group to seek relief from the Court.

 

In the complaint, the Plaintiff alleged that “YouTube and the Scammers, without Allegis Group’s consent, have used the Allegis Marks, in promoting the Scam to users who YouTube knew would engage with the content. Specifically, YouTube’s algorithm uses keywords – in this case, Allegis Group’s protected marks such as “Allegis” and “Allegis Group” – to target Scam videos to unsuspecting YouTube users. YouTube and the Scammers’ use of the Allegis Marks were intended to deceive. Moreover, YouTube and the Scammers’ use of the Allegis Marks is likely to cause, and in fact caused, significant confusion, as evidenced by the large number of victims claimed by the Scam.”

 

The Plaintiff also alleged that “The Scammers have created fake accounts to infringe Allegis Group’s valid and protected trademarks. These fake accounts and their channels prominently display the Allegis Marks, creating a false and misleading impression to YouTube users that they are official Allegis Group accounts. These fake accounts display and use and therefore directly infringe upon the Allegis Marks.”

 

Further, the Plaintiff alleged that “Defendants’ use of the Allegis Marks in connection with the offering of goods and/or services through the YouTube platform is likely to cause confusion. In particular, Defendants’ use of the Allegis Marks on the YouTube platform in connection with the offering of goods and/or services is likely to cause confusion and mistake and to deceive consumers as to the source, origin, or sponsorship of such goods and services. Consumers seeing goods and/or services offered under the Allegis Marks will believe that such goods and/or services are sponsored by, associated with, or otherwise affiliated with Allegis Group.”

 

There are four claims for relief laid down by the Plaintiff. The first claim for relief is for alleged trademark infringement under 15 U.S.C. § 1114 (section 32 of the Lanham act). The second claim for relief is for alleged contributory and vicarious trademark infringement under 15 U.S.C. § 1114 (section 32 of the Lanham act). The third claim for relief is for alleged unfair competition under 15 U.S.C. § 1125 (section 43 of the Lanham act). The fourth claim for relief is for alleged unfair competition under Maryland common law.

 

In the prayer for relief, the Plaintiff has requested the Court to pass a judgment against the Defendants for monetary damages, interest, costs, reasonable attorneys’ fees, and such further relief as the Court deems proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-02900

  • Filing Date:

    11/11/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

Richard D. Bennett

 

Party Details

Plaintiffs

Allegis Group

Allegis Group, Inc.

Defendants

Youtube LLC

John Does 1-7

YouTube, LLC

John Does Nos. 1-7

Attorney/Law Firm Details

Plaintiff Attorney

Sherry H Flax

Attorney at Saul Ewing LLP

500 E Pratt St Ste 900

Baltimore, MD 21202

 

Court Documents

#1

(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0416-9601729.), filed by Allegis Group, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Flax, Sherry) Modified on 11/12/2021 (slss, Deputy Clerk). (Entered: 11/11/2021)

1 #1

Exhibit A

1 #2

Exhibit B

1 #3

Exhibit C

#2

(#2) Report on Filing Patent/Trademark (Flax, Sherry) (Entered: 11/15/2021)

#4

(#4) NOTICE by Allegis Group, Inc. Civil Cover Sheet (Attachments: #1 Summons)(Flax, Sherry) (Entered: 11/19/2021)

4 #1

Summons

#5

(#5) Summons Issued 21 days as to YouTube, LLC.(bas, Deputy Clerk) (Entered: 11/22/2021)

#6

(#6) NOTICE of Voluntary Dismissal by Allegis Group, Inc. (Flax, Sherry) (Entered: 12/14/2021)

#7

(#7) MARGINAL ORDER Approving #6 Notice of Voluntary Dismissal filed by Allegis Group, Inc.. Signed by Judge Richard D. Bennett on 12/14/2021. (bas, Deputy Clerk) (Entered: 12/14/2021)

 

Docket Entries

  • 12/14/2021
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  • Docket(#7) MARGINAL ORDER Approving #6 Notice of Voluntary Dismissal filed by Allegis Group, Inc.. Signed by Judge Richard D. Bennett on 12/14/2021. (bas, Deputy Clerk) (Entered: 12/14/2021)

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  • 12/14/2021
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  • Docket(#6) NOTICE of Voluntary Dismissal by Allegis Group, Inc. (Flax, Sherry) (Entered: 12/14/2021)

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  • 11/22/2021
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  • Docket(#5) Summons Issued 21 days as to YouTube, LLC.(bas, Deputy Clerk) (Entered: 11/22/2021)

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  • 11/19/2021
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  • Docket(#4) NOTICE by Allegis Group, Inc. Civil Cover Sheet (Attachments: #1 Summons)(Flax, Sherry) (Entered: 11/19/2021)

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  • 11/15/2021
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  • Docket(#3) QC NOTICE: #1 Complaint, filed by Allegis Group, Inc. was filed incorrectly. **The following attachments or exhibits are missing - Civil Cover Sheet and Summons. To correct this problem, file Civil Cover Sheet and Summons using the event Notice (Other) and link Civil Cover Sheet and Summons to #1 Complaint. (bas, Deputy Clerk) (Entered: 11/16/2021)

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  • 11/15/2021
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  • Docket(#2) Report on Filing Patent/Trademark (Flax, Sherry) (Entered: 11/15/2021)

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  • 11/12/2021
  • DocketDeficiency Notice -- Report on Filing Patent/Trademark form (AO 120) has not been filed. The form is located at http://www.mdd.uscourts.gov/publications/DisplayForms.asp?ActiveTab=Civil . Please fully complete and file the form by selecting Civil > Other Filings > Other Documents > Report on Filing Patent/Trademark. The form must be filed by 11/19/2021 (slss, Deputy Clerk) (Entered: 11/12/2021)

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  • 11/11/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0416-9601729.), filed by Allegis Group, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Flax, Sherry) Modified on 11/12/2021 (slss, Deputy Clerk). (Entered: 11/11/2021)

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