Yellow Cab Co. of Sacramento v. Yellow Cab Co. of Elk Grove, Inc.

MEMORANDUM AND ORDER

Plaintiff Yellow Cab Company of Sacramento brings this action against Yellow Cab Company of Elk Grove and Michael P. Steiner alleging claims for relief for violations of the Lanham Act, common law trademark infringement and unfair competition, statutory unfair competition, false advertising, and intentional interference with prospective business advantage. This matter is before the court on plaintiffs and defendants’ separate motions for summary judgment. For the reasons set forth below, plaintiffs motion is DENIED and defendants’ motion is GRANTED.

BACKGROUND

Plaintiff alleges that in approximately 1922, a company known as the ‘Yellow Cab Company” began operating yellow and black taxicabs in the Sacramento area. In 1952, that company was purchased by Union Taxi Corporation. At that time, the Union Taxi Corporation fleet was composed of Yellow Cab taxis as well as Union and Oak Park taxis. Over the next 20 years, Union Taxi Corporation purchased a number of other taxi companies and converted most of its fleet to display the name ‘Yellow Cab Co.” on its vehicles. In 1972, the official name of Union Taxi Corporation was changed to Yellow Cab Co. of…