Legal Opinion
Marketquest Group, Inc. v. Bic Corp.
Court of Appeals for the Ninth Circuit
Decided July 7, 2017No. 15-55755PublishedCited by 43 opinions
1Opinion of the Court
OPINION
M. SMITH, Circuit Judge:
Marketquest Group, Inc. (Marketquest) appeals the district court’s grant of summary judgment in favor of Norwood Promotional Products, LLC (Norwood), BIC Corp., and BIC USA, Inc. (collectively, Defendants) on Marketquest’s trademark infringement claims. The district court held that Defendants’ uses of Market-quest’s trademarks “All-in-One” and “The Write Choice” were completely protected by the fair use defense. We reverse and remand.
FACTS AND PRIOR PROCEEDINGS
Marketquest produces and sells promotional products, and has used its United States Patent and…
2Cases cited16 opinions
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Surfvivor Media, Inc. Peter S. Deptula v. Survivor Productions CBS Broadcasting Inc. CBS Worldwide, Inc. Wpc Brands, Inc.Court of Appeals for the Ninth Circuit · 2005
- Mike Cohn, D.V.M. v. Petsmart, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2002
- KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.Supreme Court of the United States · 2004
11 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- SportFuel, Inc. v. PepsiCo, Inc.Court of Appeals for the Seventh Circuit · 2019
- Lodestar Anstalt v. Bacardi & Company Ltd.Court of Appeals for the Ninth Circuit · 2022
- Ironhawk Technologies, Inc. v. Dropbox, Inc.Court of Appeals for the Ninth Circuit · 2021
- Marketquest Grp., Inc. v. BIC Corp.District Court, S.D. California · 2018
- Wreal, LLC v. Amazon.com, Inc.Court of Appeals for the Eleventh Circuit · 2022
38 more not listed; retrieve them via the Exa API.