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Main Page » Trademarks, Copyright and the Internet » News and Commentary » Update » October Update

Porsche Loses Bid to Recover Porschebuy.com in ICANN UDRP Action

Fifth Circuit: Dealer's Use of Manufacturer's Mark in Yellow Pages Not Infringing

by Mark VB Partridge on Sat 04 Sep 2004 03:06 PM EDT | Permanent Link

House of Vacuums, an independent vacuum cleaner dealer sells and repairs KIRBY vacuum cleaners and featured the brand in Yellow Pages advertisements. Scott Fetzer Co., the brand owner, sued.

The Fifth Circuit found no infringement due in part to the failure of the plaintiff's flawed survey evidence. Scott Fetzer Co. v. House of Vacuums Inc., Case No. 03-51118 (5th Cir., August 12, 04).

According to the case, a dealer is entitled to advertise that it sells or repairs a particular brand without creating a deceptive impression that its services are endorsed by the manufacturer.

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October Update