Alphaville Design, Inc. v. Knoll, Inc.

MEMORANDUM & ORDER

Re: Cross-Motions for Partial Summary Judgement

Alphaville Design, Inc. (“Alphaville”) brought this declaratory judgment action against Knoll, Inc. (“Knoll”), requesting judgment that Knoll is without right to maintain suit against Alphaville for the infringement of certain trademarks. Knoll counterclaimed with a claim of trademark infringement and several related claims. Now before the court are cross-motions for partial summary judgment. Alphaville moves for summary judgment that Knoll’s marks are not valid trademarks. Knoll moves for summary judgment against portions of Alphaville’s affirmative defenses to the counterclaims. Having considered the parties’ arguments and submissions, the court enters the following memorandum and order.

BACKGROUND

I. The Parties

Plaintiff and counter-defendant Alpha-ville is a corporation that, since 2003, has sold early-to-mid twentieth century Bauhaus style furniture. Counter-defendants David and Peggy Lee operate Alphaville. David Lee is president of the corporation. Defendant and counter-claimant Knoll is a manufacturer and marketer of modern furniture. Its predecessor in interest was founded in 1938 by a…