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United States District Court for the District of Connecticut
February 16, 1995, Decided
CIVIL ACTION NO. 3:93CV2449 (AVC)
[**1054] RULING ON MOTION FOR SUMMARY JUDGMENT
The plaintiff brought this action for Injunctive relief and for damages pursuant to the Tariff Act of 1930, 19 U.S.C. §§ 1202 et seq., the Lanham Act, 15 U.S.C. §§ 1051 et seq., and the Connecticut Unfair Trade Practices Act ("CUTPA"), Conn. Gen. Stat. §§ 42-110 et seq. The plaintiff, Fender Musical Instruments Corp. ("Fender"), now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56 on the grounds that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law. The issues presented are: 1) whether the defendants' activities constituted "importing" or "dealing in" merchandise in violation of the Tariff Act, 19 U.S.C. § 1526(a) & (c); 2) whether the imported merchandise was materially different from the Fender merchandise legitimately sold in the United States as to cause public confusion in violation of the Lanham Act, 15 U.S.C. §§ 1114, 1124, & 1125; 3) whether the defendants illegally represented themselves [*2] as authorized dealers of Fender products in violation of the Lanham Act, 15 U.S.C. §§ 1114 & 1125; 4) whether the defendants misled and deceived customers by selling inferior Fender guitar bodies as "genuine" in violation of the Lanham Act, 15 U.S.C. § 1114; and 5) whether the defendants actions constituted unfair methods of competition and unfair or deceptive acts in violation of the Connecticut Unfair Trade Practices Act ("CUTPA"), Conn. Gen. Stat § 42-110b(a). The court concludes that the defendants actions constitute violations of the Tariff Act, the Lanham Act, and CUTPA, and therefore grants the plaintiff's motion for summary judgment.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
1995 U.S. Dist. LEXIS 15746 *; 35 U.S.P.Q.2D (BNA) 1053 **
FENDER MUSICAL INSTRUMENTS CORP., Plaintiff -vs- UNLIMITED MUSIC CENTER, INC., PAUL BOYNE, SR., and PAUL BOYNE, JR., Defendants
Disposition: [*1] Plaintiff's motion for summary judgment on counts I, II, III, V, and VI granted.
guitars, trademark, import, Lanham Act, products, bodies, authorized dealer, customs, genuine, unfair, manufactured, advertising, practices, Musical, deceive, summary judgment motion, merchandise, selling, genuine issue of material fact, consumers, unauthorized, electric, warranty
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Judgments, General Overview, Burdens of Proof, Nonmovant Persuasion & Proof, Evidentiary Considerations, Motions for Summary Judgment, Genuine Disputes, Business & Corporate Compliance, Exports & Imports, Marking, Marking Statute, International Trade Law, Duties, Fees & Taxes, International Commerce & Trade, Tariff Act, Patent Law, Remedies, Equitable Relief, Injunctions, Antitrust & Trade Law, Consumer Protection, Likelihood of Confusion, Trademark Law, Conveyances, Consumer Confusion, Types of Commercial Transactions, Sales of Goods, Federal Unfair Competition Law, Trade Dress Protection, False Advertising, False Designation of Origin, Elements of False Designation of Origin, Causes of Action Involving Trademarks, Infringement Actions, Determinations, Similarity of Marks, Appearance, Meaning & Sound, Factors for Determining Confusion, Intent of Defendant to Confuse, Burdens of Proof, Deceptive & Unfair Trade Practices, Regulated Practices, Trade Practices & Unfair Competition, State Regulation, Claims, State Regulation