YKK CORP. v. Jungwoo Zipper Co., Ltd.

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

This matter is before the Court on Plaintiff YKK’s Motion for summary judgment. The Court has considered the arguments raised in the parties’ briefs and at oral argument, held on February 19, 2002.

For the reasons set forth below, the Court hereby GRANTS in part and DENIES in part the Motion.

I. Background

Founded in 1934 in Japan, YKK is the world’s leading manufacturer and supplier of zippers and fasteners. YKK has 121 companies operating in 59 countries around the world, including the United States. YKK manufacturers zippers in Georgia, and has five divisional headquarters and twenty sales and distribution centers throughout the U.S. The YKK name and trademark are derived from YKK’s original company name, “Yoshida Kogyo Kabushikikaisha.” YKK has obtained a large number of trademark registrations in the United States for zippers, fasteners, and related products, including different stylized representations of the initials ‘YKK.” Some of these registered trademarks have achieved incontestable status.

YKK first started using the YKK mark in the United States in approximately 1949, and has…