Self-Insurance Institute of America, Inc. v. Software & Information Industry Ass'n

Order Granting Defendant’s Motion for Summary Judgment

I. Introduction

Both plaintiff, Self-Insurance Institute of America, Inc. (“Self-Insurance”), and defendant, Software and Information Industry Association, (“Software”), are trade associations. Self-Insurance filed a complaint against Software for trademark infringement, 15 U.S.C. § 1125 (a); trademark dilution, 15 U.S.C. § 1125 (c); and unfair competition, California Business and Professions Code § 17200. Self-Insurance’s complaint alleges that Software’s trademark is confusingly similar to Self-Insurance’s registered trademark. Software’s motion for summary judgment, or in the alternative for an order declaring certain issues to be without substantial controversy, is pending before the Court.

II. The Parties’ Marks

Self-Insurance’s complaint alleges that Software’s Mark infringes on its registered trademark. According to the trademark registration, Self-Insurance’s registered mark is a composite mark that includes “SHA” and the eagle design (“Self-Insurance’s Mark”).

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Software uses a composite mark that includes “SIIA,” “Software and Information Industry Association” and a circle design (“Software’s…