National Grange of the Order of Patrons of Husbandry v. California State Grange
Published: Aug. 22, 2015 | Result Date: Jul. 14, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-00676-WBS-DAD Bench Decision – Permanent Injunction
Court
USDC Eastern
Attorneys
Plaintiff
Stephen G. Larson
(Larson LLP)
Michael L. Turrill
(Hogan Lovells US LLP)
Defendant
Anthony J. Ellrod
(Manning & Kass Ellrod Ramirez Trester LLP)
Facts
The National Grange of the Order of Patrons of Husbandry filed a trademark infringement claim against the California State Grange.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff, a national fraternal agricultural organization founded in 1867, contended that it had registered numerous trademarks that featured the word "Grange," used for associational, educational, and advocacy activities. Plaintiffs accused defendant, which plaintiff chartered as its affiliate state-level chapter, but later revoked the charter due to a dispute. Plaintiff requested defendant to cease and desist from using the word "Grange." Nevertheless, defendant continued to use the word by referring to itself as "California State Grange," thereby infringing on plaintiff's trademark. As such, plaintiff sued defendant under the Lanham Act for trademark infringement, unfair competition and false designation of origin, trademark dilution, and trademark counterfeiting.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations and asserted numerous affirmative defenses. Defendant also filed counterclaims seeking a declaratory judgment that plaintiff's trademark is invalid.
Result
National Grange moved for summary judgment on its first two claims while California State Grange moved for summary judgment on all of National Grange's claims as well as its counterclaims. Ultimately, the court granted summary judgment in favor of National Grange as to two of its claims and denied California State Grange's motion. Consequently, California State Grange was permanently enjoined from using the word "Grange." National Grange may proceed to litigate its remaining claims.
Other Information
FILING DATE: March 12, 2014.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390