Overview

The trademark owner had filed an action against the bag seller that alleged trademark violations under § 32(1) of the Lanham Act, 15 U.S.C.S. § 1114(1), trade secret misappropriation, breach of contract, and interference with contractual relations. The court granted the bag seller’s motion for summary judgment because it found no genuine issues of material fact, that there were no trademark violations, trade secret misappropriation, breach of contract or interference with contractual relations. The court did not find the bags in question led to the confusion, mistake, or deception of the public that the bag seller’s products were the trademark owner’s products. Also, the trademark owner had not raised a triable issue of fact that any information provided to the bag seller was a trade secret, that the bag seller had breached any agreement with the trademark owner, and that the bag seller had interfered with the trademark owner’s contractual relations. Finally, the court granted summary judgment to the bag seller on the claims of unfair competition and injury to business reputation. Appellant was represented by a business attorney.

Outcome

The court granted the bag seller’s motion for summary judgment, and found no genuine issues of material fact, that there were no trademark violations under the Lanham Act, no trade secret misappropriation, no breach of contract, and no interference with contractual relations.

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