Marketquest Group, Inc. v. Bic Corp.
United States Court of Appeals for the Ninth Circuit
862 F.3d 927 (2017)
Relevant factsFree
Marketquest (plaintiff) held trademarks for "All-in-One" and "The Write Choice"; after Bic (defendant) acquired promotional-products company Norwood, Bic and Norwood began using "All-in-One" in catalogues and "The Write Pen Choice for Thirty Years" in pen advertising. Marketquest sued for trademark infringement, and the district court granted Bic summary judgment on a fair-use defense for both marks.
IssueFree
Whether summary judgment is generally disfavored for fair-use trademark cases, because the applicability of the fair-use defense will hinge on the specific facts of the dispute.
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