George & Co., LLC v. Imagination Entm't Ltd., No. 08-1921

In a trademark infringement action regarding the name of a dice game, summary judgment for defendant is affirmed where: 1) there was no evidence that consumers linked the mark at issue to plaintiff, and such evidence is generally thought to be the most direct and persuasive way of establishing secondary meaning; and 2) plaintiff presented no meaningful evidence that defendant wished to capitalize on plaintiff's mark.

Read George & Co., LLC v. Imagination Entm't Ltd., No. 08-1921

Appellate Information

Argued May 12, 2009

Decided July 27, 2009

Judges

Opinion by Judge Hamilton

Counsel

For Appellant:

Mark S. Sommers, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

For Appellees:

William Francis Krebs, Bean, Kinney & Korman, PC, Arlington, VA