Court to Defendant: Stop Moneying With Zoo's Trademark

Zoological Subdistrict of Metropolitan Zoological Park and Museum Subdistrict, [4:06CV1250TM](E.D. MO May 31, 2007)[MUMMERT] The district court granted summary judgment of infringement, unfair competition, and dilution, and determined that defendant's registrations had been fraudulently obtained.

BRIEF: Lewis obtained Missouri registrations on ST. LOUIS ZOO and I LOVE ST. LOUIS ZOO, started selling merchandise on a third-party website, and wrote to the Saint Louis Zoo demanding that the cease infringement of his registered trademarks. The Court first examined whether the Zoo had protectable rights without a registration, and concluded that it did. The court then examined whether Lewis' use of "St. Louis Zoo" was a misleading or deceptive use of the mark in violation of Section 43(a). After examining the six factors traditionally considered in the Eighth Circuit, the Court concluded that there was a likelihood of confusion in violation of the Zoo's rights under the Lanham Act and common law. The Court then turned to dilution under the Missouri anti-dilution statute Mo. Rev.Stat. 417.061. The Court concluded that the same findings that create a likelihood of confusion, and establish unfair competition "compel a finding that Lewis' use dilutes the Zoo's use by blurring. Finally the Court turned to the cancellation of Lewis' service marks, and found that his statement that "no one else had a right to use "St. Louis Zoo" was fraudulent, and cancelled the registrations.