• Apr 19 2019
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  • Category: CAFC Updates

The district court held, on cross-motions for summary judgment, that Georgia Expo’s use of VersaTop’s trademarks in advertising and brochures in the “drape and rod” industry did not violate the Trademark Act.  The district court found that Georgia Expo had not “affixed” the VersaTop trademarks to goods that were “sold or transported in commerce,” and because such “use in commerce” was required for trademark infringement liability, the relevant statutory provision concerning likelihood of confusion was not applicable. The CAFC concludes that the district court erred in law. Contrary to precedent, the district court in this case incorrectly applied the definition of “use in commerce” that is included in the statute for purposes of trademark registration, a definition that does not apply to trademark infringement. On the correct law, violation of the Trademark Act was established on the admitted facts. Thus, the CAFC reverses the district court’s judgment, and remands for appropriate further proceedings.

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