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Marketquest Group, Inc. v. Bic Corp.

United States Court of Appeals for the Ninth Circuit
862 F.3d 927 (2017)


Marketquest Group, Inc. (Marketquest) (plaintiff) was a promotional products company that had trademarks for the terms “All-in-One” and “The Write Choice.” Bic Corp. (defendant) was an office supply and writing instrument company. Bic acquired Norwood, a promotional products company. Bic and Norwood proceed to use the phrase “All-in-One” in a number of contexts, including on Norwood’s catalogue, and the phrase “The Write Pen Choice for Thirty Years” for pen advertisements and packaging. Marketquest sued Bic for trademark infringement, and both parties filed motions for summary judgment. The district court granted Bic’s motion for summary judgement, ruling that Bic was entitled to a fair-use defense over the trademark-infringement claims for both trademarks.

Rule of Law


Holding and Reasoning (Smith, J.)

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