DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101707P.pdf 03/21/2011 Community of Christ Copyright v. Devon Park Restoration Branch
U.S. Court of Appeals Case No: 10-1707
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Wollman, Author, with Hansen and Shepherd, Circuit
Judges]
Civil case - Trademarks. Even when viewed in the light most favorable
to defendant, the evidence established that its use of the RLDS marks
owned by plaintiff would create a likelihood of confusion and that
plaintiff was entitled to summary judgment on its trademark infringement
and false designation of origin claims; plaintiff was also entitled to
summary judgment on its state law claims for common law infringement,
unfair competition and trademark dilution; district court did not err in
dismissing defendant's counterclaim for cancellation based on
abandonment; district court did not err in finding the RLDS mark was not
generic or in dismissing defendant's counterclaim for cancellation;
district court did not err in permanently enjoining defendant from using
the RLDS marks; award of attorneys' fees was not an abuse of discretion
in light of the fact that defendant willfully and deliberately used the
marks despite its knowledge that plaintiff owned the marks and was
continuing to use them.