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MySimon.com to contest $26m damages award

Similarity to Simon Property Group could confuse online shoppers, jury decides
Written by Graeme Wearden, Contributor

Online comparison shopping site mySimon.com has announced it will challenge the ruling of an Indianapolis jury Thursday that it infringes upon the trademark of an American real estate company.

The jury recommended that Simon Property Group be awarded $26.8m in damages, although the judge presiding over the case has yet to enter his judgement. Simon Property Group, which runs a chain of Simon stores in the US, claimed that online shoppers could mistake MySimon.com for its own Shopsimon.com site, and that future Internet ventures could be damaged.

"We were obviously very surprised and disappointed by the finding, and believe that it was not supported by either the law or the facts" said Josh Goldman, chief executive of mySimon, which is part of CNet Networks.

The judge will rule on the recommended damages Wednesday, when he will also consider a request that mySimon.com relinquishes its name.

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