Central Mfg V. George Brett

Central Manufacturing, Inc. v. George Brett 7th Circuit Court of Appeals 492 F.3d 876 (7th Cir. 2007) Key Search Terms: Lanham Act, cease-and-desist, trademark infringement, unfair competition, commerce, abuse of process Facts Leo Stoller, who is president and sole shareholder of Central Manufacturing Inc., brought an action against Brett Brothers Sports International Inc. for trademark infringement and unfair competition. Central registered the “Stealth” trademark for baseballs in 1997. Brett Brothers began to use the Stealth mark on their baseball bats in 1999. Issue The issue is whether Brett Brothers infringed on Central’s “Stealth” trademark. Holding Central could not produce documentation to show to whom the alleged sales were made or whether the goods involved were in fact “Stealth” brand and thus had no valid evidence to support its claim. The district court granted summary judgment for the manufacturer. The 7th Circuit ruled that Central lacked evidence to show infringement, that the district court did not abuse its discretion in ordering cancellation of the registration and affirmed the district court’s award for attorney’s fees. Additionally, the 7th Circuit found that the case “lacked merit, had elements of an abuse of process claim, and Central Manufacturing’s conduct unreasonably increased the cost of defending against the suit.” Summarized By: Laura Brackey