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Keywords

damagesinjunctionmotionwilltrademarkbad faith
motionwilltrademarkbad faith

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W. E. Bassett Co. v. Revlon, Inc., 435 F.2d 656, 168 U.S.P.Q. 1

Facts

This case involves a trademark infringement dispute between W. E. Bassett Company and Revlon, Inc. Bassett, a manufacturer of manicuring implements, claimed that Revlon infringed its trademark 'Trim' by using the mark 'Cuti-Trim' for its cuticle trimmer. The district court found Revlon liable for trademark infringement, granted a permanent injunction against its use of 'Cuti-Trim', and held it in contempt for misrepresenting its ability to remove the infringing mark from its products. Bassett sought damages and an accounting of Revlon's profits from the sale of the infringing items.

Issue

Did Revlon infringe Bassett's trademark 'Trim' by using the mark 'Cuti-Trim', and was Bassett entitled to an accounting of all profits from the sale of the infringing items?

Did Revlon infringe Bassett's trademark 'Trim' by using the mark 'Cuti-Trim', and was Bassett entitled to an accounting of all profits from the sale of the infringing items?

Rule

Under the Lanham Trademark Act, a trademark is protected if it has acquired secondary meaning, which identifies the product with its producer. A mark that is merely descriptive can be protected if it has gained distinctiveness through use. Additionally, a party found guilty of willful infringement may be required to account for all profits derived from the infringing use.

A trademark is protected if it has acquired secondary meaning, which identifies the product with its producer. A mark that is merely descriptive can be protected if it has gained distinctiveness through use. Additionally, a party found guilty of willful infringement may be required to account for all profits derived from the infringing use.

Analysis

The court determined that Bassett's mark 'Trim' was descriptive but had acquired secondary meaning due to extensive promotion and sales. The similarity between 'Cuti-Trim' and 'Trim' created a likelihood of confusion among consumers, especially since both companies were direct competitors in the manicuring field. The court also found that Revlon acted with bad faith in adopting the 'Cuti-Trim' mark, which warranted a full accounting of profits as a deterrent against future infringement.

The court determined that Bassett's mark 'Trim' was descriptive but had acquired secondary meaning due to extensive promotion and sales. The similarity between 'Cuti-Trim' and 'Trim' created a likelihood of confusion among consumers, especially since both companies were direct competitors in the manicuring field. The court also found that Revlon acted with bad faith in adopting the 'Cuti-Trim' mark, which warranted a full accounting of profits as a deterrent against future infringement.

Conclusion

The court affirmed the district court's finding of trademark infringement and contempt against Revlon, reversed the denial of an accounting for all profits, and remanded the case for further proceedings.

The court affirmed the district court's finding of trademark infringement and contempt against Revlon, reversed the denial of an accounting for all profits, and remanded the case for further proceedings.

Who won?

W. E. Bassett Company prevailed in this case as the court upheld its claims of trademark infringement against Revlon. The court found that Bassett's mark 'Trim' had acquired secondary meaning and that Revlon's use of 'Cuti-Trim' was likely to cause confusion among consumers. The court's decision to grant a permanent injunction against Revlon and to require a full accounting of profits underscored the importance of protecting trademark rights and deterring willful infringement.

W. E. Bassett Company prevailed in this case as the court upheld its claims of trademark infringement against Revlon. The court found that Bassett's mark 'Trim' had acquired secondary meaning and that Revlon's use of 'Cuti-Trim' was likely to cause confusion among consumers.

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