Competition Specialties, Inc. v. Competition Specialties, Inc.

Good Law
87 F. App'x 38
United States Court of Appeals for the Ninth CircuitJanuary 20, 2004Nos. 02-35831, 02-35885; D.C. No. CV-00-00038-RSLCalifornia2,325 words

Opinion

Lead Opinion

MEMORANDUM *

The two companies in this hotly litigated dispute deal in specialty parts used for drag ear racing. Located on opposite coasts of the United States, both, for a time, used the name “COMPETITION *40 SPECIALTIES, INC.,” shortened by the acronym “CSI,” to sell and promote their products and services. The Washington-based company (“CSI-WA”) sued the Florida-based company (“CSI-FL”) in the United States District Court for the Western District of Washington, alleging trademark infringement, unfair competition, and cybersquatting. On CSI-FL’s motion for summary judgment, the district court ruled that none of CSI-WA’s claims were barred by laches as a matter of law and that CSI-WA was the primary user of the COMPETITION SPECIALTIES, INC. and CSI marks. After a four-day trial, the jury returned a verdict in favor of CSI-WA, finding that (1) CSI-FL had infringed both trademarks (the CSI mark intentionally); (2) CSI-FL was not liable for unfair competition; and (3) no damages were proximately caused by the trademark infringement.

CSI-FL appeals several orders, including, inter alia, the district court’s rulings on partial summary judgment regarding laches and the priority of…

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