The United States District Court for the District of Oregon held, on cross-motions for summary judgment, that Georgia Expo, Inc. _ Before NEWMAN, LINN, and DYK, Circuit Judges. NORTH, Hill Kertscher & Wharton LLP, Atlanta, GA, argued for defendant-appellee.
_ Decided: Ap_ DAVID PAUL COOPER, Kolisch Hartwell, P.C., Portland, OR, argued for plaintiff-appellant. 3:15-cv-02030-JE, Magistrate Judge John Jelderks. GEORGIA EXPO, INC., Defendant-Appellee _ 2018-1208 _ Appeal from the United States District Court for the District of Oregon in No. United States Court of Appeals for the Federal Circuit _ VERSATOP SUPPORT SYSTEMS, LLC, Plaintiff-Appellant v. 1127, a trademark owner is entitled to summary judgment on a claim of likelihood of confusion where the marks were identical, the goods were related, and the marketing channels overlapped. The district court incorrectly applied the definition of “use in commerce” and concluded that Georgia Expo’s use of the marks was not in commerce so that there was no infringement. The district court held that Georgia Expo did not infringe VersaTop’s patent, copyright, or trademark rights. VersaTop’s system for coupling structural components is the subject of the 027 patent and is called the “‘ball and crown’ coupler.” VersaTop alleged that since 2011 it has sold these systems with the trademarks PIPE & DRAPE 2.0™ and 2.0™ and that Georgia Expo distributed advertising and brochures that contained these VersaTop trademarks as well as pictures of the VersaTop coupler. Both produce and sell systems of modular rod and pole structures, for assembly to form sectional spaces such as trade show booths and other drape-separated structures, as well as temporary barricades. Get started by selecting your preferred height from the adjustable pipe and drape kits options below.VersaTop and Georgia Expo are competitors in the “drape and rod” industry. You get the upright and crossbar pipes, bases, and drapes with a click of a button! Our complete backdrop drape packages include everything you need to have an incredible backdrop set up in just minutes.
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