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· 7/29/2008

SAUL ZAENTZ COMPANY v. Wozniak Travel, Inc.

Citations

  • 627 F. Supp. 2d 1096
  • 89 U.S.P.Q. 2d (BNA) 1665
  • 2008 U.S. Dist. LEXIS 57285
  • 2008 WL 2949423

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding the defendant would suffer economic prejudice even though it chose its business name with full knowledge of the plaintiffs mark
  • finding the move to internet sales “was the natural outgrowth of [the defendant’s] existing business,” and “the fact that [plaintiff’s] internet sales predate [defendant’s] sales is immaterial”
  • reaching a similar conclusion where the defendant had spent millions of dollars on advertising, appeared on television promoting its business, and generated substantial goodwill under its existing name
  • \[S]ummary judgment is still appropriate in trademark suits when no dispute remains as to genuine issues of material fact.\
  • evidentiary prejudice arises from lost, stale, or degraded evidence; faded memories and witnesses who have died; expectation based prejudice derives from a party “taking actions or suffering consequences that it would not have, had the plaintiff brought the suit promptly.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marilyn Hall Patel

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.