Bluetooth Sig Inc. v. Fca US LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BLUETOOTH SIG INC., a Delaware No. 21-35561 corporation, Plaintiff-Appellee, D.C. No. 2:18-cv-01493- v. RAJ

FCA US LLC, a Delaware limited liability company, OPINION Defendant-Appellant.

Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding

Argued and Submitted March 10, 2022 Seattle, Washington

Filed April 6, 2022

Before: Jacqueline H. Nguyen, Eric D. Miller, and Patrick J. Bumatay, Circuit Judges.

Per Curiam Opinion SUMMARY *

Trademark

Vacating the district court’s partial summary judgment in favor of the plaintiff and remanding in an action under the Lanham Act, the panel held that the first sale doctrine applies when a trademarked product has been incorporated in a new product.

Bluetooth SIG Inc. (“the SIG”), a nonprofit that administers standards for short-range wireless technology, owns “Bluetooth” marks. To use any of these marks, a product manufacturer must join the SIG, execute a licensing agreement, submit declarations of…