Hill

Saks & Co. v. Hill

Good Law
843 F. Supp. 620·1993 WL 566742·29 U.S.P.Q. 2d (BNA) 1941·1993 U.S. Dist. LEXIS 19140
United States District Court, Southern District of CaliforniaDecember 27, 1993Civil 93-578B (LSP)California2,177 words

Opinion

Opinion

Eginton, J.

MEMORANDUM OF DECISION

Plaintiff brings this action under the Lanham Trade-Mark Act, 15 U.S.C. §§ 1114 (1) and 1125(a), and under the California Business and Professions Code, §§ 17200-17208, 17500, 17535, and 14330. The complaint alleges that defendant’s use of the mark “Sacks Thrift Avenue” constitutes trademark infringement and unfair competition under federal law, and dilution and unfair competition under' California law. Plaintiff seeks to permanently enjoin defendant from using the mark “Sacks Thrift Avenue,” as well as an award of attorneys’ fees. After two days of testimony and submission of briefs, the court enters the following Findings of Fact and Conclusions of Law pursuant to Fed.R.Civ.P. 52(a).

Findings of Fact

Plaintiff, Saks & Company (“Saks”), is the owner and operator of the renowned department store chain, Saks Fifth Avenue. Saks has been in business since 1902 and has used the name Saks Fifth Avenue since 1924. Saks owns several federal registrations for the mark Saks Fifth Avenue. Saks currently operates over fifty full service stores, located throughout the United States, and four clearinghouses, located mainly in the eastern United States. Saks has nine…

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