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.
182658P.pdf 05/20/2020 Lawn Managers, Inc. v. Progressive Lawn Managers, Inc
U.S. Court of Appeals Case No: 18-2658
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Smith, Chief Judge, and Kobes, Circuit
Judge]
Civil case - Trademarks. The parties' agreement giving Progressive a
time-limited use of the Lawn Managers' mark was not a naked license
agreement, and Lawn Managers did not abandon its mark by granting the
license in the unique circumstances presented; in these circumstances,
Lawn Managers could reasonably rely on Progressive to meet the same
standards of service that Lawn Managers provided its customers; the
district court did not err in rejecting Progressive's unclean hands
defense, as Lawn Managers was permitted under the parties' licensing
agreement and other related agreements to send a "We Want You Back" mailer
to former customers awarded to Progressive under the licensing agreement;
the district court did not clearly err in its damages award. Judge Kobes,
dissenting.