United States Eleventh Circuit

Summary judgment in favor of defendant, regarding the assertion of fair use in response to plaintiff's allegations of trademark infringement, is affirmed where there is no evidence supporting the allegation that defendant, in producing cards depicting images of its stamps, intended to benefit from the good will associated with plaintiff's perforated border trademark.

Appellate Information

• Decided 07/18/2006
• Published 07/18/2006

Judges

• PER CURIAM:, Before BIRCH and CARNES, Circuit Judges, and TRAGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• James Jay Wolfson, Matthew James Pulliam, Greenberg Traurig, LLP, Atlanta, GA, V. Stephen Cohen, William J. Schifino, Jr., Williams, Schifino, Mangione & Steady, P.A., Tampa, FL, for Plaintiff-appellant.


• For Appellees:
  
• Aileen Bell Hughes, Atlanta, GA, Scott D. Bolden and John Fargo, U.S. Dept. of Justice, Commercial Lit., Washington, DC, for Defendant-Appellee.