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.
102281P.pdf 08/17/2011 Fair Isaac Corporation v. Experian Information Solutions
U.S. Court of Appeals Case No: 10-2281
and No: 10-2409
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Bye and Shepherd, Circuit Judges]
Civil Case - antitrust - trademark. District court did not err in dismissing
antitrust claim of Fair Isaac Corporation for failing to show antitrust
injury that would entitled it to seek damages under sec. 4 of the Clayton
Act or injunctive relief under section 16. District court did not erred in
concluding the registered "300-850" mark was merely descriptive. Jury's
findings that FICO made false representation during trademark
registration process, that FICO knew the representations were false, and
that the trademark office relied on the false representations were
supported by the evidence. District court's denial of motion for judgment
as a matter of law on claim of licensee estoppel is affirmed, as
VantageScore is not a licensee and not estopped from challenging the
mark under a theory of agency or equity. Dismissal of false advertising
claim is affirmed as the statement was not literally or implicitly false.
District court did not abuse its discretion in denying attorneys fees.