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Mag Automotive LLC V. Gadra Enterprises, Inc.

Brooks Kushman Obtains Summary Judgment of No Trademark Infringement

Tuesday, September 18, 2018

In a case involving a claim of trademark infringement regarding a Numbering System on automotive equipment parts, the U.S. District Court for the Eastern District of Michigan granted summary judgement in favor of Brooks Kushman’s client Gadra Enterprises, Inc. Brooks Kushman convinced the Court that Plaintiff Mag Automotive LLC had not produced sufficient evidence to establish that the asserted trademark possessed secondary meaning and was not functional.

Brooks Kushman also convinced the Court that Mag Automotive’s false advertising theory cannot also not prevail because Mag could not prove that the Numbering System is protectable, and could not prove that Gadra Enterprises practices were deceiving. Thus, on August 7, 2018, the Court granted Gadra Enterprises’ motion ending all pending claims against Gadra Enterprises.

The court also denied Mag Automotive’s  motion for summary judgment on Gadra’s counter claims alleging false advertising, business and product disparagement, and tortious interference with business relationships, and allowed those claims to proceed.

Team Members include: Mark Cantor and Rebecca Cantor

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