Facts

The plaintiff alleged infringement of its registered trademark, "Actors' Boot Camp." The defendant denied infringing the mark on the ground, among others, that plaintiff had no rights in the mark, the mark was generic, and that defendant's use of the accused mark was not use as a trademark.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that it had established rights in the mark and that the mark was protectable.

DEFENDANT'S CONTENTIONS:
The defendant contended that the mark was descriptive, generic, and had not acquired secondary meaning. Also, there was no trademark infringement.

Settlement Discussions

The plaintiff demanded $490,000 plus a stipulated injunction. The defendant offered $50,000 pursuant to C.C.P. Section 998. After granting of summary judgment, the plaintiff filed a notice of appeal. The defendant offered a waiver of costs and attorney fees for a dismissal of the appeal. The plaintiff then demanded $100,000 and an injunction for dismissal of appeal.

Result

Summary judgment granted in favor of the defense.

Other Information

Appeal on motion of summary judgment and ruling on motion to tax costs.