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.
163999P.pdf 04/26/2018 ZW USA, Inc. v. PWD Systems, LLC
U.S. Court of Appeals Case No: 16-3999
and No: 16-4035
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Smith, Chief Judge,and Erickson, Circuit
Judge]
Civil case - Trademarks. In action claiming defendant had infringed
plaintiff's trademarks for its dog waste bag products, the district court
did not err in granting defendant summary judgment as plaintiff failed to
produce any evidence from which a jury could find that consumers were
likely to confuse the companies' products; However, there was a fact
dispute as to whether plaintiff's "ONEPUL" trademark was generic or
descriptive, and the district court erred in granting plaintiff summary
judgment on the issue of whether the trademark was valid. Remanded for
proceedings consistent with the opinion.