Eclipse Associates Limited v. Data General Corporation

In this trademark infringement case, Eclipse Associates Limited (“EAL”), a computer company, appeals the district court’s order in favor of Data General Corporation (“Data General”) enjoining EAL from using “ECLIPSE” as its trademark and its business name in the United States. The issues are (1) whether the district judge erred in finding there was a likelihood of confusion in EAL’s use of ECLIPSE; (2) whether the lack of evidence of actual confusion should be determinative; and (3) whether it was error to exclude evidence of use of the mark by unrelated third parties. We affirm the district court.

I. FACTS AND PROCEDURAL HISTORY

A. Data General’s Use of the Mark Eclipse

Data General is a manufacturer and distributor of a full range of computer products. Data General adopted the ECLIPSE mark in 1974 to identify its digital computers and hardware. In 1975 the mark was adopted for its software and computer publications. Since that time, Data General has continuously used the mark ECLIPSE in the United States in connection with the sale, distribution and advertising of these goods and has adopted other ECLIPSE marks (e.g., ECLIPSE, ECLIPSE MV/2000, ECLIPSE MV/9000) to identify…