Gordon v. Drape Creative, Inc.
United States Court of Appeals for the Ninth Circuit
909 F.3d 257 (2018)
- Written by Philip Glass, JD
Facts
Christopher Gordon (plaintiff) received trademark protection for his famous phrase “Honey Badger Don’t Care” (HBDC) for use in merchandise, including greeting cards. In 2012, Zazzle, Inc., and the Duck Company (Zazzle and Duck) received a license from Gordon for the production of greeting cards with the HBDC mark. That same year, Drape Creative, Inc. (DCI) (defendant) started designing and selling greeting cards using the HBDC mark without Gordon’s permission. Gordon sued DCI for trademark infringement under the Lanham Act. Gordon’s evidence included DCI’s uncreative use of the mark on various cards, which Gordon alleged could confuse purchasers at Gordon’s expense. However, DCI did at times creatively vary the mark and also printed its website’s hyperlink on its cards. The district court granted DCI’s motion for summary judgment. The district court determined that Gordon failed to prove that DCI’s use of the mark in its expressive works expressly misinformed prospective consumers as to the origin of the cards. Gordon appealed the district court’s decision.
Rule of Law
Issue
Holding and Reasoning (Bybee, J.)
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