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Lindy Pen Company, Inc. v. Bic Pen Corporation

United States Court of Appeals for the Ninth Circuit
982 F.2d 1400 (9th Cir. 1993)


Lindy Pen Company, Inc. (Lindy) (plaintiff) obtained a trademark for the term “Auditor” for use in its sale of pens. Subsequently, Bic Pen Corporation (Bic) (defendant) described one of its pens as an “Auditor’s Fine Point.” Lindy brought suit for trademark infringement. The district court found in favor of Bic. The circuit court remanded for a determination of infringement with respect to Lindy’s telephone order sales, specifically. The district court found in favor of Bic on this issue as well. The circuit court reversed and remanded with instructions to enjoin Bic from using the word “Auditor,” and to order an accounting of profits and award damages to Lindy, if appropriate. At the damages proceeding, Lindy offered evidence of its sales, but did not separate out telephone sales, which were the source of the court’s finding of infringement. The district court found that an accounting of profits for Lindy was not appropriate and that Lindy did not show any actual damages. Lindy appealed.

Rule of Law


Holding and Reasoning (Roll, J.)

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