United States Seventh Circuit

Summary judgment for defendant in a trademark infringement action involving names for vehicle product lines is affirmed where: 1) there was no evidence that plaintiff's descriptive mark had acquired secondary meaning; 2) registration of plaintiff's mark did not create a presumption of validity since the mark had not been sufficiently used in commerce; and 3) without secondary meaning, there was no likelihood of confusion as to the origin of the vehicles.

Appellate Information

• Argued 12/08/2006
• Decided 02/07/2007
• Published 02/07/2007

Judges

• POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Patrick F. O'Leary (argued), Goshen, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Ryan M. Fountain (argued), Mishawaka, IN, for Defendant-Appellee.