Marker International, Plaintiff-Respondent v. Gregory Debruler, an Individual, Debco International Trading, Inc., and Marker Surf America

TACHA, Circuit Judge.

In this trademark infringement case, the district judge entered summary judgment permanently enjoining defendants from selling or advertising for sale any product bearing the Marker name with the sloping “M” logo. 1 Marker Int’l v. deBruler, 635 F.Supp. 986 (D.Utah 1986). We affirm.

We wish to clarify only one point. The district judge correctly stated that secondary meaning need not be shown where a mark is arbitrary or fanciful. Id. at 997-98. The district judge treated the Marker International trademark as an arbitrary mark and therefore did not address the issue of…