Metro Publishing, Ltd. v. San Jose Mercury News, Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING PLAINTIFF’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT; SCHEDULING SETTLEMENT CONFERENCE

Plaintiff Metro Publishing, Ltd., (hereafter “Metro Publishing”) produces a weekly tab loid called Metro, containing movie and restaurant reviews, detailed listings of upcoming entertainment events, a free personal advertisement section with a telephone response system, and a limited number of news and feature stories. Since May 23, 1985, Metro has carried a weekly column called “Public Eye,” focusing primarily on local political gossip and intrigue. Metro Publishing has attempted to register the words “Eye” and/or “Public Eye” as trademarks, but has not been able to do so.

On June 7,1990, Defendant San Jose Mercury News (hereafter “the Mercury News”) began publishing a weekly tabloid called eye. Like Metro, eye contains movie listings, film and restaurant reviews, information about upcoming entertainment events and a personal advertisement section.

On September 11, 1991, Metro Publishing filed a Complaint with this Court alleging (1) trade dress and trademark infringement in violation of § 43(a) of the Lanham Act, 15…