Habersham Plantation Corporation v. Art & Frame Direct, Inc.
Case #: 10-61532-CIV-COHN
U.S. District Court, Southern District of Florida; Before: Cohn
Full Text Opinion: http://docs.justia.com/cases/federal/district-courts/florida/flsdce/0:2010cv61532/363678/176/
Trademarks: Court granted summary judgment because plaintiff failed to provide proof of actual confusion.For full opinion:
2011 U.S.Dist.LEXIS 100726
2011 WL 4005454
Opinion (Cohn): Habersham Plantation Corporation ("Habersham") made and distributed their own line of furniture, using a classic European style in their designs. Art & Frame Direct, Inc. ("Art") sold furniture on a website using the terms "Habersham Style" or "Habersham Styled" or "Compare to Habersham." Art argued that "Habersham" was a geographic reference and that the parties sold their furniture in different ways - one party online and the other in stores. In contrast, Habersham was unable to provide any proof that there was any actual consumer confusion between the two products. Therefore, the court GRANTED Art's claim for summary judgment.