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Keywords

lawsuitplaintiffdefendantappealcopyrighttrademarkgood faith
plaintiffcopyrighttrademark

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Streetwise Maps, Inc. v. VanDam, Inc., 159 F.3d 739, 48 U.S.P.Q.2d 1503

Facts

Streetwise Maps, Inc. (plaintiff) filed a lawsuit against VanDam, Inc. and its president, alleging trademark and copyright infringement related to their street maps. Streetwise, which began publishing maps in 1985, claimed that VanDam's 'StreetSmart' maps infringed on its registered trademark 'STREETWISE' and its copyright. The district court dismissed the complaint with prejudice, leading to an appeal by Streetwise. The court found that while Streetwise had a valid copyright, VanDam did not infringe it, and there was no likelihood of confusion regarding the trademark.

Issue

Did VanDam, Inc. infringe Streetwise Maps, Inc.'s trademark and copyright?

Did VanDam, Inc. infringe Streetwise Maps, Inc.'s trademark and copyright?

Rule

To establish trademark infringement under the Lanham Act, a plaintiff must demonstrate that the defendant copied a registered trademark in commerce in a way that is likely to cause confusion. For copyright infringement, a plaintiff must show that the defendant actually copied the work and that the copying is illegal due to substantial similarity between the works.

Analysis

The court analyzed the likelihood of confusion by applying the Polaroid factors, which include the strength of the mark, similarity of the marks, and evidence of actual confusion. The court found that while the marks were somewhat similar, they were not confusingly similar enough to warrant a finding of infringement. Additionally, the court noted that there was no evidence of actual confusion among consumers. Regarding copyright, although there were similarities between the maps, the court concluded that the differences were sufficient to avoid a finding of infringement.

Conclusion

The court affirmed the district court's dismissal of Streetwise's claims for both trademark and copyright infringement.

Affirmed.

Who won?

VanDam, Inc. prevailed in this case as the court found that there was no likelihood of confusion between the 'StreetSmart' and 'STREETWISE' marks, and that the differences in the maps were significant enough to avoid copyright infringement. The court emphasized that the absence of actual confusion and the good faith of VanDam in choosing the name were critical factors in its decision.

Because plaintiff failed to make out a viable claim for either trademark or copyright infringement, we affirm the district court's dismissal of its complaint.

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