Thoroughbred Legends, LLC v. Walt Disney Co.

2008 U.S. Dist. LEXIS 19960 (Feb. 12, 2008)

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Thoroughbred Legends, LLC v. Walt Disney Co.

United States District Court for the Northern District of Georgia
2008 U.S. Dist. LEXIS 19960 (Feb. 12, 2008)

SC

Facts

In 2004, Thoroughbred Legends, LLC (plaintiff) applied for a service mark for “RUFFIAN” in connection with entertainment services, including movie production. Thoroughbred planned to make a movie about a famous racehorse named Ruffian. Thoroughbred contacted television channels, began collecting memorabilia associated with the horse, and contacted a number of people associated with the horse for interviews. Thoroughbred told the entities it contacted that it owned the mark “RUFFIAN.” Also in 2004, Walt Disney Company (defendant) began production on a movie about the same horse, called “Ruffian.” In 2007, the movie aired on ABC. Thoroughbred sued Disney for trademark infringement. Disney filed a motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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