A blog about patent, copyright and trademark law in the U.S. District Court
for the Southern District of New York

The Court Denied Plaintiff's Motion for Summary Judgment Dismissing Defendant's Trademark Infringement Counterclaims

In a March 21, 2014 Decision and Order, Judge George B. Daniels denied in its entirety Plaintiff Bath & Body Works Brand Management, Inc.’s motion for summary judgment to dismiss defendant Summit Entertainment, LLC’s counterclaims and for declaratory judgment concerning the right to use the marks "Twilight Woods" and "Twilight Crush" for personal care products.

Plaintiff sought a declaratory judgment to establish "(1) non-infringement of the trademark for Twilight Woods, (2) that it had not engaged in unfair competition, (3) that it had not falsely designated the origin of its goods, (4) non-infringement of trade dress, and (5) that its activities did not constitute dilution of Summit's mark." Defendant is the producer and distributor of the motion picture "Twilight" and, while no evidence was presented that defendant's Twilight marks were strong in the field of personal care products, the Court found defendant's Twilight Motion Pictures marks to be very strong. Applying the summary judgment standard and viewing the evidence in the light most favorable to defendant, the Court denied plaintiff's request for declaratory judgment and did not dismiss any of defendant's claims of trademark infringement, trademark dilution, trade dress, and cancellation.
The general information and thoughts posted to this blog are provided only as an informational service to the web community and do not constitute solicitation or provision of legal advice. Nothing on this blog is intended to create an attorney-client relationship and nothing posted constitutes legal advice. You should understand that the posts by the author, who is an attorney at U.S. law firm Allegaert, Berger & Vogel, may or may not reflect the views of that firm and that the author of this blog is only authorized to practice law in the jurisdictions in which he is properly licensed to do so. For additional information, click here.