(United States moment Circuit) - In a trademark infringement dispute between software companies over several trademarks containing the word 'collective,' the District Court's granted summary judgment to Cross Commerce Media on virtually all points in dispute and awarded attorney's fees under the Lanham Act are reversed in part where: 1) the unregistered mark 'collective' is suggestive, not descriptive; 2) there is a genuine dispute of fabric fact as to whether CI used the unregistered mark 'collective' in commerce before CCM introduced its allegedly infringing marks; 3) the district court prematurely granted summary judgment as to CI's counterclaim for infringement of the registered marks, or an action that neither party requested and the district court did not justify; and 4) there is a genuine dispute of fabric fact as to whether CI abandoned its registered marks 'Collective Network' and 'Collective Video.' Award of attorney fees is vacated.
Source: findlaw.com