Pattishall IP Blog

November 20, 2009

Pattishall Client Wins Summary Judgment Defending Against Trademark Infringement Claim

Filed under: Litigation, Pattishall — Tags: , — Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP @ 3:33 pm

November 9, 2009.  Pattishall client Church & Dwight Co., Inc., maker of the famous ARM & HAMMER brand products, was awarded summary judgment in defending against claims of trademark infringement and fraud on the Patent and Trademark Office.  Pattishall attorneys Raymond Geraldson, Jr., Bradley Cohn, Andrew Downer, and Scott Lonardo represented Church & Dwight in the case, which was litigated in the U.S. District Court for the Northern District of Illinois.

The plaintiff, World Wide Sales, Inc., alleged that Church & Dwight’s use of the trademark FRIDGE FRESH for a refrigerator air filter infringed Plaintiff’s trademark “Forever Fresh For The Fridge” for its refrigerator deodorizer.  World Wide also alleged that Church & Dwight committed fraud on the Patent and Trademark Office because Church & Dwight did not disclose World Wide’s federal registration to the U.S. Patent and Trademark Office when Church & Dwight applied for and ultimately registered its FRIDGE FRESH trademark.

The Honorable Matthew F. Kennelly granted Church & Dwight’s motion for summary judgment, finding that the difference in the parties’ packaging, coupled with the commercial and conceptual weakness of World Wide’s trademark, meant that “no reasonable fact finder could conclude that there was a likelihood of confusion as to the source of the parties’ products.”  Judge Kennelly also granted Church & Dwight’s motion for summary judgment on World Wide’s claim for fraud on the Patent and Trademark Office.

The case is World Wide Sales, Inc. v. Church & Dwight Co., Inc., Case No. 08-cv-1198 (N.D. Ill. 2009).

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