Inc. v. Morton, 1999 WL 717995 - 1999

Additionally, in a trademark decision rendered in this District prior to Perfect 10, when considering whether defendant Tunes was liable for trademark infringement to the Hard Rock Café for "framing" the Hard Rock logo on their website, the court held that it was.

—the court ruled, in a case involving a trademark license, that the act of framing a website, under the facts of the case before it, was likely to cause consumer confusion.

In Hard Rock Cafe Int'l (USA) Inc. v. Morton, for instance, the trademark owner had knowledge that the defendant's website used its trademark, and the court interpreted this as acquiescence to the defendant's conduct

—in assessing whether, for purposes of direct copyright infringement, a work has been "displayed" in a webpage, courts must look to how seamless the transition is between the two frames.

In light of this seamless presentation of the Tunes web page within the Hard Rock Hotel web site, the only possible conclusion is that the Hard Rock Hotel Mark is used or exploited to advertise and sell CDs

In contrast, Google's in-line linking causes the appearance of copyrighted content on Google's webpage, even though that content may have been stored on and served by third-party websites.

Southern District of New York held that framing, by seamlessly merging two web sites into "a single visual presentation," can falsely suggest a connection or affiliation between the sites' owners

—supports limiting the franchisee's sales to persons located within its particular franchise agreement protected territory

It is well-settled that when a licensee's authority to use a trademark has been terminated, any further use of the trademark constitutes trademark infringement and may be enjoined.