Intellectual Property Law

Parties Agree that Plaintiff Has Exclusive Right to "Seattle Home Show" Trademark

By Michael Atkins

There’s only one “Seattle Home Show.” And it’s run by Seattle Home Show Inc.

That’s what plaintiff Seattle Home Show Inc. and defendant HSD, LLC, agreed in a Stipulation and Agreed Order of Dismissal filed in the Western District on Nov. 18.

Plaintiff is in the business of operating a home building and remodeling trade show under the SEATTLE HOME SHOW registered trademark.

Plaintiff claimed that defendant began promoting a competing trade show under the SEATTLE HOMESHOW DAILY and HOMESHOW SEATTLE DAILY trademarks. Plaintiff also claimed defendant ran a radio ad stating, “If you are planning to remodel, don’t wait for the Home Show, come to the Seattle Home Show Daily.”

The parties’ agreement, which Judge Ricardo Martinez signed, terminates the trademark infringement suit plaintiff brought in September.

The parties’ agreement states that plaintiff “owns and possesses the exclusive right to use and register the SEATTLE HOME SHOW” trademark. It provides that defendant will not:

• “[U]se, display or seek registration of any trademark, service mark, trade name, sponsored link, key word or ad word consisting of or incorporating the prohibited terms ‘SEATTLE HOME SHOW’ or ‘HOME SHOW SEATTLE,’” or variations, including those that incorporate the term DAILY (such as HOMESHOW DAILY SEATTLE); or
• “[U]se, display or seek registration of any trademark, service mark, or trade name comprising the terms ‘SEATTLE’ and ‘HOME’ or ‘SEATTLE’ and ‘HOME SHOW,’” though defendant will not be prohibited from “providing a geographic description of its stores in its advertising materials, such as, ‘Homeshow Daily, with two convenient locations in Seattle and Federal Way….’”

The case cite is Seattle Home Show Inc. v. HSD, LLC, No. 09-1359 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on November 22, 2009 (boomark / email).