Two owners of a “Land O'Lakes” trademark recently went head to head in a Seventh Circuit trademark dispute. They made for unusual adversaries—one is in the business of selling dairy products like milk, butter, and cream, the other of selling fishing tackle. And for that reason, a three-judge panel dismissed the case; neither was likely to do much damage to their counterpart. The dairy manufacturer named Land O'Lakes is perhaps more well known. It was founded early in the 20th century and reaps billions in revenue each year. The fishing tackle company is a much smaller venture owned by James Hugunin, a Wisconsin-based angler who won a 1997 fishing tournament using his own Land O Lakes lure. In 2008, Hugunin attempted to re-register his mark, and the dairy Land O'Lakes, which had begun to sponsor fishing tournaments, opposed his re-registration.

Hugunin subsequently sued Land O Lakes in 2011, and it countersued. But recently a somewhat befuddled Circuit Judge Richard Posner dismissed the case, writing that neither trademark holder could sustain an infringement claim.

“We’re puzzled that the dairy company should have been worried by Hugunin's use of the same trademark,” Posner wrote. “It would be strange indeed for a dairy company to manufacture a product so remote from milk, butter, and cream, and there is no sign that the dairy company intends to take the plunge."

Posner continued: “Equally puzzling, however, is why Hugunin and his companies are suing the dairy company for trademark infringement when there is nothing to suggest that the dairy company is thinking of making or selling fishing tackle. Can one imagine Land O'Lakes advertising: ‘we sell the finest dairy products and the best fishing tackle’?”

The case is perhaps an important reminder that a trademark infringement claim may not be viable—even if the opposing trademark holder has an identical mark. If the two holders are in completely different industries, such as in this case, there may not be any harm upon which the claim can succeed.

For more information on this topic, please visit our Trademark Protection service page, which is part of our Trademarks practice.

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the trademark firm and its trademark attorneys may be found at www.klemchuk.com. 

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