My research did not reveal any trademark infringement lawsuits over post-sale competitive couponing against Catalina Marketing (the manufacturer of the most popular post-sale couponing system), any retailers deploying Catalina Marketing’s system, or any advertisers purchasing the right to deliver competitive coupons. … In July 2007, I searched Westlaw’s “ALLCASES” database for the search term “Catalina Marketing” and looked at every federal district court case in PACER listing Catalina Marketing as a defendant. In January 2009, I also researched every case where Catalina Marketing was a litigant in the Stanford 1P Litigation Clearinghouse (lexmachina.stanford.com).
Cf Posting of Eric Goldman to Technology & Marketing Law Blog, Utah Amends Trademark Protection Act (But Only After Some Drama), http://blog.ericgoldman.org/archives/2008/03/utahamendstra.htm (Mar. 7, 2008) (discussing how the Utah legislature considered, but ultimately did not pass, a law that unintentionally appeared to regulate the Catalina Marketing system).
Eric Goldman, Brand Spillovers22 Harv. J. L. & Tech. 381 (2008-2009)