Marketquest Group, Inc. v. Bic Corp.
United States Court of Appeals for the Ninth Circuit
862 F.3d 927 (2017)
- Written by Carolyn Strutton, JD
Facts
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
Issue
Holding and Reasoning (Smith, J.)
What to do next…
Here's why 804,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
