Litigation

Registering a Corporate Name is not Trademark Use

By H. William Allen et al.

An odd dispute over a school newspaper name occurred in St. Louis Univ. v. Meyer, 2008 U.S. Dist. LEXIS 104032 (E.D. Mo. Dec. 24, 2008).

The school newspaper at St. Louis University is "The University News." In 2007, circumstances arose where the paper may have to break away from the university. In anticipation of this event, a professor registered a corporation. The corporate name consisted of "The University News" along with the paper's slogan, A Student Voice Serving St. Louis University Since 1921." The corporation never printed or sold anything, and the professor dissolved it when the university decided to retain the paper. The university still sued him for trademark infringement and other claims.

The district court granted summary judgment, finding the professor's use did not amount to trademark use that can be remedied through the Lanham Act. One count still remains--a claim based on a state statute that creates a cause of action for misuse of a benevolent society name. However, the university is only pursuing injunctive relief under this claim, which would now appear to be a moot request.

Full post as published by Arkansas Business Litigation Blog on January 15, 2009 (boomark / email).