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Acxiom Corp. v. Axiom, Inc.

United States District Court for the District of Delaware

November 16, 1998, Decided

Civil Action No. 97-451-RRM


 [*481] OPINION

November 16, 1998

McKELVIE, District Judge.

This is a trademark case. Plaintiff Acxiom Corporation is a Delaware corporation with its principal place of business in Conway, Arkansas. Defendant Axiom, Inc. is a Delaware corporation with its principal place of business in Moorestown, New Jersey.

On August 1, 1997, Plaintiff Acxiom filed a complaint, alleging that Defendant Axiom, by adopting the name, "Axiom, Inc.," is engaging in infringement of registered trademarks and service [**2]  marks under § 43(a) of the Lanham Act, 15 U.S.C. § 1114; false designation of origin under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); dilution under the Federal Trademark Dilution Act of 1995, § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c); unfair competition under Delaware's Uniform Deceptive Trade Practices Act, 6 Del. C. §§ 2531 et seq. (the "Deceptive Trade Practices Act"); and common-law trademark, service mark and trade name infringement. Acxiom seeks to cancel Axiom's registered trademarks and trade names and requests injunctive relief, award of Axiom's profits, reasonable attorneys' fees and costs. Defendant Axiom answered the complaint, denying liability on all of Acxiom's claims. The parties tried this matter to the court on February 17, 18, 19, and 20, 1998. This is the court's post-trial decision.


The parties have fully briefed all issues before the court. The court draws the following facts from the parties' pleadings and evidence presented at trial.

A. Plaintiff Acxiom Corporation

1. General Background

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27 F. Supp. 2d 478 *; 1998 U.S. Dist. LEXIS 18695 **

ACXIOM CORPORATION, a Delaware corporation, Plaintiff, v. AXIOM, INC., a Delaware corporation, Defendant.

Disposition:  [**1]  Judgment in favor of Plaintiff Acxiom and against Defendant Axiom on Acxiom's claims of infringement of registered trademarks and service marks under § 43(a) of the Lanham Act, 15 U.S.C. § 1114 granted.


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Business & Corporate Compliance, Causes of Action Involving Trademarks, Infringement Actions, Determinations, Trademark Law, Burdens of Proof, General Overview, Trademark Cancellation & Establishment, Incontestability, Affidavit Requirement, Registration Procedures, Federal Registration, Degree of Protection, Federal Registration, Continuing Use Requirement, Antitrust & Trade Law, Clayton Act, Defenses, Evidence, Burdens of Proof, Clear & Convincing Proof, Federal Registration as Evidence, Defenses, Consumer Protection, Likelihood of Confusion, Trademark Infringement, Similarity of Marks, Appearance, Meaning & Sound, Conveyances, Confusion Among Noncompeting Products, Unfair Competition, Federal Unfair Competition Law, False Advertising, False Designation of Origin, Elements of False Designation of Origin, Entertainment Industry Falsity & Performance Misattribution, Trade Dress Protection, Consumer Confusion, Circuit Court Factors, 3rd Circuit Court, Factors for Determining Confusion, Intent of Defendant to Confuse, Subject Matter of Trademarks, Particular Subject Matter, Pictures, Eligibility for Trademark Protection, Distinctiveness, Strength of Trademark, Special Marks, Service Marks, Terms With Inherent Distinctiveness, Computer & Internet Law, Trademark Protection, Civil Infringement Actions, Comparison of Advertising, Remedies, Equitable Relief, Patent Law, Injunctions, Lanham Act, Remedies, Private Actions, Costs & Attorney Fees, Clayton Act, Civil Procedure, Attorney Fees & Expenses, Basis of Recovery, Statutory Awards, Damages, Equitable Accountings, Copyright Law, Types of Damages, Infringement Profits, Profits