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Swarovski Aktiengesellschaft v. Building #19, Inc.

704 F.3d 44 (2013)

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Swarovski Aktiengesellschaft v. Building #19, Inc.

United States Court of Appeals for the First Circuit
704 F.3d 44 (2013)

RW

Facts

Swarovski Aktiengesellschaft (plaintiff) was a world-famous manufacturer of trademarked crystal figurines and jewelry. Building #19, Inc. (defendant) was a discount retailer. When a tornado damaged a warehouse stocked with Swarovski crystal, Building #19 bought the inventory and advertised it for public sale. The advertisements described how genuine Swarovski crystal came into Building #19’s possession, prominently displayed both the Swarovski and Building #19 trademarks, and carried a disclaimer denying that Swarovski either endorsed the sale or was affiliated with Building #19. Swarovski sued for trademark infringement. The federal district court ruled that Building #19 failed to establish fair use and granted Swarovski’s motion for a preliminary injunction to restrict Building #19’s use of the Swarovski trademark. On appeal to the First Circuit, Building #19 argued that the district court failed to make the necessary findings that Building #19’s use of the Swarovski trademark was likely to confuse consumers and cause Swarovski irreparable harm.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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