Babbit Electronics v. Dynascan

38 F.3d 1161 (1994)

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Babbit Electronics v. Dynascan

United States Court of Appeals for the Eleventh Circuit
38 F.3d 1161 (1994)

  • Written by Jody Stuart, JD

Facts

Dynascan (plaintiff), a Delaware corporation, owned and registered the trademark Cobra for cordless telephones. In South America, Babbit (defendant), a Florida corporation, sold cordless telephones with Cobra marks identical to Dynascan’s Cobra trademark. In addition, the model of Babbit’s phone bearing the Cobra mark was nearly identical to one of Dynascan’s phone models. Babbit imported the cordless phones into a United States (US) free-trade zone before shipping the phones to South America and orchestrated sales from a Florida office. Babbit intended to improve sales of MCE telephones by relabeling them with Cobra labels because Babbit was having difficulty selling MCE telephones. Dynascan made a trademark-infringement claim against Babbit. Babbit argued that US copyright laws did not apply, because the sales in question occurred outside the US.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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