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Summary Judgment Difficult to Obtain for Claims of Trademark Design Infringement

By Stephanie Robinson

A recent opinion from the Southern District of California highlights the difficulties that a trademark owner can face when seeking summary judgment on a claim that a defendant infringed its design trademarks. HIT Entertainment, Inc., et al., v. National Discount Costume Co., Inc., et al., (?NDC?) stems from a case filed in the mid-1990s against NDC, a manufacturer and distributor of costumes. The plaintiffs then and in the current litigation alleged, in part, that NDC had engaged in the creation read more

Full post as published by Business and Technology Law on April 23, 2008 (boomark / email).