District Court Grants Default Judgment for TM Infringement, Denies for Unfair/Deceptive Trade Practices

Monday, September 11, 2017

District Court Judge Paula Xinis granted a motion for default judgment of trademark infringement under the Lanham Act, finding that the plaintiff had proved that it owned a valid and incontestable mark (evidenced by its federal registration), the defendants used the mark in commerce (to solicit money on a Facebook page, organization website, and via email), the defendants used the mark in advertising and offered goods and services using the same mark in similar design and layout for its annual awards event and fundraiser, and the defendants’ use of the mark had caused consumer confusion.  Judge Xinis denied a motion for default judgment due to unfair or deceptive trade practices under Maryland Commercial Code §13-301 because causes of action under Section 13-301 are limited to “consumers” purchasing “consumer” goods or services, and the plaintiff was a corporate not-for-profit entity, not a consumer.  Living Legends Awards for Serv. to Humanity, Inc. v. Human Symphony Found., Inc., No. PX 16-3094, 2017 WL 3868586 (D. Md. Sep. 5, 2017).