TRADEMARK; ABANDONMENT (Where a trademark owner’s only use of a mark for ten years was in a white pages listing, that mark is deemed abandoned.)
Opinion (Miller): Plaintiff operated a vision business under the name Value Visions by Dr. Tavel, until 1996, when plaintiff changed its name to Dr. Tavel. Defendant changed its name to Vision Value in 2007, and Plaintiff promptly sued for trademark infringement. The parties both moved for summary judgment. Defendant contended that Plaintiff abandoned the Value Visions mark as a result of more than ten years of nonuse. Plaintiff contended that it used the mark in the white pages during the entire ten year period. The court held that Plaintiff’s white pages listing was not bona fide use, and that Plaintiff brought forth no other evidence to show use or intent to use. Accordingly, the court held that Plaintiff had abandoned the mark and granted summary judgment for Defendant.
Source: Willamette Law Online [Summarized by Anthony Halderman]
For full opinion:
2009 U.S.Dist.LEXIS 103680
2009 WL 3669647