National Grange of the Order of Patrons of Husbandry v. California State Grange

MEMORANDUM AND ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT

Plaintiff National Grange of the Order of Patrons of Husbandry brought this action for trademark infringement against defendant California State Grange. Presently before the court are the parties’ cross-motions for summary judgment pursuant to Federal Rule of Civil Procedure 56.

I. Factual and Procedural Background

Plaintiff is a national fraternal agricultural organization founded in 1867 to promote the interests of farmers and farming in the United States. (Luttrell Deck 11¶ 2, 5 (Docket No. 43-2).) Plaintiff has grown to a network of approximately 2,000 local chapters across the country, through which it'provides a variety of goods and services to agricultural communities. Plaintiff has registered numerous trademarks featuring the word “Grange,” which it uses for associational, educational and advocacy activities. (Turrill Deck Ex. 21 (Docket No. 43-6); Luttrell Deck ¶ 7.)

On July 15, 1873, plaintiff chartered defendant California State Grange as its affiliate state-level chapter. (Turrill Deck Ex. 9.) As a chartered affiliate, defendant collected dues from local subordinate Granges and turned over a portion of…