Thoroughbred Legends, LLC v. Walt Disney Co.
United States District Court for the Northern District of Georgia
2008 U.S. Dist. LEXIS 19960 (2008)
Thoroughbred Legends (plaintiff) applied for a service mark on 'RUFFIAN' in connection with entertainment services while preparing to produce a movie about the racehorse Ruffian, contacting television channels and interview subjects and asserting to them that it owned the mark, but never actually released any product or service under that mark; Walt Disney (defendant) independently produced and aired its own movie titled 'Ruffian' in 2007, and Thoroughbred sued for trademark infringement, prompting Disney's summary judgment motion.
Whether, to maintain a suit for trademark infringement, the plaintiff must demonstrate that it uses the mark to signify origin to customers and competitors.