Gracie

We must resolve a variety of issues in this complex trademark litigation arising out of the U.S. activities of two members of the large and prominent Gracie family of Brazil, known for popularizing, competing in, and teaching a form of the martial art jiu-jitsu.

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Carley Gracie (“Carley”) and Rorion Gracie (“Rorion”) 2 are first cousins. More than 38 members of this Brazilian family have been involved in jiu-jitsu competition or teaching. Both Carley and Rorion operate California-based jiu-jitsu instruction businesses.

Carley came to the United States from Brazil in the early 1970s. Carley began teaching jiu-jitsu in the eastern United States as early as 1974 and in California sometime after he arrived in the state in 1979. Carley has used the name “Gracie” in identifying his jiu-jitsu instruction business.

In the late 1970s, Rorion came to the United States and began teaching the “Gracie method” of jiu-jitsu in Southern California. He used the term “Gracie JiuJitsu” to identify his business, which now consists of a nationwide chain of training facilities. Rorion publicized his jiu-jitsu instruction business through national advertising which used the term “Gracie JiuJitsu”…