District court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark.

A federal district court correctly found that a non-profit corporation that promotes and helps run the annual Fiestas de le Calle San Sebastian festival in San Juan, Puerto Rico lacked evidence to sustain its trademark infringement and other claims against the city and its mayor, the U.S. Court of Appeals in Boston has held. The appellate court affirmed the lower court’s summary judgment order dismissing all of the corporation’s claims arising out of what the corporation contended was political retribution exacted by the mayor against it (Comite Fiestas De La Calle San Sebastian, Inc. v. Carmen Yulin Cruz Soto, May 29, 2019, Kayatta, W.).

Case date: 29 May 2019
Case number: No. 17-1723.
Court: United States Court of Appeals, First Circuit

A full summary of this case has been published on Kluwer IP Law.


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