Intellectual Property Law

Tenth Circuit: District court's internally inconsistent findings lead to remand

By McKee, Voorhees & Sease, P.L.C.

In a decision last week, the Tenth Circuit reversed a district court's ruling of no trademark infringement.  The district court, applying the Tenth Circuit's six likelihood of confusion factors, initially stated that three factors favored the plaintiffs, two were neutral, and one favored the defendants, but in its conclusion, stated that only one factor favored the plaintiff, with the remainder of the factors neutral or favoring the defendants.  The district court also noted it was "reluctant" to find infringement where the allegedly infringing mark incorporated one defendant's middle name.

The Tenth Circuit reversed, noting the inconsistency in the district court's findings and that such inconsistencies constitute clear error.  The court further noted that while courts are "generally reluctant to enjoin an individual from using their own name," this reluctance does not extend to situations where there was "an attempt to deceive the public."  Here, the district court specifically found the defendants chose their mark to advantage of the plaintiff's goodwill, and thus any reluctance to find infringement was inappropriate.  

More on The John Allan Co. v. The Craig Allen Co. after the jump.

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Full post as published by FileWrapper on September 12, 2008 (boomark / email).