Unremarkable Manufacturer-Distributor Dispute
by Pamela Chestek • December 21, 2010 • trademark
Wincam America, Inc., a distributor for CD Lab AG Multimedia Systems, filed applications to register the WINCAM and WINCAM AMERICA trademarks in the U.S. CD Lab, the foreign owner of the WINCAM mark, was unhappy. Wincam America set out the possible scenarios: (1) withdraw the applications, (2) CD Lab register the marks and Wincam America change its name, or (3) Wincam America gets to keep the trademarks in the U.S. CD Lab opted for allowing Wincam America to complete the registration, after which Wincam America unequivocally agreed to assign them to CD Lab. Wincam America didn’t. CD Lab wins summary judgment on breach of contract but summary judgment for trademark infringement denied; infringement was at trade show where Wincam America was using the mark with the permission of and for the benefit of CD Lab.
Wincam America, Inc. v. CD Lab AG Multimedia Systems, No. 3:09-CV-103-S (W.D. Ky. Nov. 24, 2010).
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