Thane International, Inc. v. Trek Bicycle Corp.
Opinion
Lead Opinion
Berzon, J.
ORDER
The Opinion filed September 6, 2002, slip op. 13377, and appearing at 2002 WL 31001183 (Sep. 6, 2002), is amended as follows:
OPINION
Trek Bicycle Corporation (“Trek”) has long used the trademark “TREK” on its bicycles and related products. In recent years, Thane International, Inc. (“Thane”) began producing and selling a stationary exercise machine under the “OrbiTrek” mark. The question in this case is whether Thane has violated the federal trademark laws by its choice of name for its product.
BACKGROUND
I. Trek
Trek, a Wisconsin corporation, has manufactured bicycles under the TREK mark since 1977. Trek also uses the TREK label on a variety of bicycle accessories including clothing, hats, packs, wrist watches, bags, video games, toys, comput *899 er games, helmets, and gloves. In all, Trek identifies over 1,000 products with the TREK mark. Trek products are sold through more than 1,600 independent dealers in 2,000 locations across the country. Surveys published in Bicycling Magazine in 1995, 1997, and 1999, each indicate that, according to the magazine’s subscribers, Trek is the country’s most popular and most respected bicycle brand.