Lulu assists in self-publishing content, including user-generated content (UGC) in video form. Hulu is the much-discussed joint venture between NBC and Fox that will distribute video content online. The venture had filed a trademark application covering a broad array of services, that could include the distribution of video UGC. Additionally, Hulu has sometimes been described as a potential competitor of YouTube, and that may give rise to the perception that Hulu would distribute UGC.
Lulu filed a trademark suit, alleging that LULU and HULU were confusingly similar, and brought a preliminary injunction motion, arguing that, with its massive resources, were Hulu to enter the UGC field, it would cause irreparable harm to Lulu’s fledgling business.
However, under a sealed record, Hulu provided evidence that it will, at least for now, stick to distibuting Network-fare, and not UGC. The identification of other services in its trademark application would not support a finding of that HuLu was about to become a direct competitor of plaintiff. As HuLu was not a direct competitor, there was no finding of imminet irrelarable harm to justify urgent relief. The judge noted that were Hulu to move into UGC, then the court would reevaluate at that time.
Lulu v. N-F Newsite, LLC, 5:07-CV-347-D (EDNC Oct 19 2007) (copy upon request).
