Grotrian, Helfferich, Schulz v. Steinway & Sons

523 F.2d 1331 (1975)

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Grotrian, Helfferich, Schulz v. Steinway & Sons

United States Court of Appeals for the Second Circuit
523 F.2d 1331 (1975)

SH

Facts

Since the mid-1800s, Steinway & Sons (Steinway) (defendant) had manufactured and sold pianos in the United States under the registered trademarks Steinway and Steinway & Sons. Then, in 1952, Grotrian, Helfferich, Schulz (Grotrian) (plaintiff), a German piano manufacturer and direct competitor, began selling pianos in the United States. When Steinway opposed Grotrian’s application for registration in the United States of its trademark Grotrian-Steinweg, Grotrian brought an action for a declaratory judgment that the use of its trademark did not infringe Steinway’s trademark rights. Steinway filed a counterclaim for trademark infringement and unfair competition. The district court granted an injunction in favor of Steinway after concluding that Grotrian had infringed Steinway’s trademarks Steinway and Steinway & Sons because the trademark Grotrian-Steinweg created a likelihood of confusion in violation of the Lanham Act. Grotrian appealed.

Rule of Law

Issue

Holding and Reasoning (Timbers, J.)

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