LinkShare Files for DJ against Commerce Technology Licensing and The Tobin Foundation
LinkShare filed an action for declaratory judgment against Commerce Technology Licensing (CTL) [NPE] and The Tobin Family Education and Health Foundation [NPE], seeking declaration that LinkShare’s affiliate marketing system and its customers (1-800-Flowers.com and Wal-Mart) use of LinkShare’s system through their websites do not infringe a patent related to paying referral fees when a user clicks on a third party’s link and subsequently makes a purchase. According to the complaint, CTL and the Tobin Foundation sent demand letters to both LinkShare and LinkShare’s customers. CTL and The Tobin Foundation have filed four prior suits since March 2009 against 1-800-Flowers.com, Amazon.com, Art.com, and Overstock.com. The patent-in-suit was assigned to CTL by inventor William Tobin in November 2003. CTL made an assignment of joint interest to the Tobin Foundation in March 2009. 4/13, District of New Jersey, Judge Stanley R. Chesler, 2:2012cv02230.