Facts

Gibson Guitar Corp. owned trademarks to the Flying V Body Shape Design Trademark, the Flying V Peg-Head Design Trademark, and the word mark FLYING V. Viacom International Inc. owned trademarks for SPONGEBOB SQUAREPANTS, and John Hornby Skewes & Co. Ltd. Promoted and sold products using the SPONGEBOB trademarks. Gibson sued Viacom and John Hornby, alleging trademark infringement.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that the defendants advertised and sold products using the Flying V trademark. Specifically, the plaintiff noted the use of the SpongeBob SquarePants Flying V Ukulele. In addition, the plaintiff alleged counterfeiting, false designation of origin, false descriptions of fact and representations and false advertising, trademark dilution, trade dress infringement, and contributory infringement under federal law, analogous state law claims, and accounting.

DEFENDANT'S CONTENTIONS:
Viacom alleged that Gibson failed to state a claim for use of the mark in U.S. commerce or for infringing activity by Viacom.

Result

The court granted Viacom's motion to dismiss for failure to state a claim.