Vallavista Corp. v. Amazon. Com, Inc.

Good Law
657 F. Supp. 2d 1132·2008 WL 5131260·2008 U.S. Dist. LEXIS 100058
United States District Court, Northern District of CaliforniaDecember 11, 2008C 07-05360 WHACalifornia2,968 words

Opinion

Opinion

Alsup, J.

ORDER GRANTING IN PART AND DENYING IN PART TARGET CORPORATION’S MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

In this trademark infringement case, defendant Target Corporation moves for summary judgment. For the reasons stated below, defendant’s motion is Granted in Part and Denied in Part.

STATEMENT

Plaintiff Vahavista designs and sells quality leather products. Vahavista alleges it has rights to the common law word mark TAXI WALLET. Vahavista is the registered owner of the trademark for the following logo:

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Vahavista registered the logo mark in 1996 (U.S. Registration No. 2,008,495 ), and the Trademark Office required that Vahavista disclaim the “wallet” portion of the mark. Vahavista has sold and marketed wallet products under the word and logo marks since at least 1996. The TAXI WALLET brand goods are sold in fine retail boutiques and specialty stores in the United States and internationally. Vahavista has advertised in catalogs, magazines, television, trade shows, and on its own website. The TAXI WALLET brand wallets retail on average for $49. The company spent $243,000 on advertising and had sales of $1.7 million.

Periodically, the company ran web searches to…

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