Tabberone Logo

Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!
"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Smith v Wal-Mart Stores, 537 F.Supp.2d 1302 (ND GA 2008)

This action arises from the contention of Defendant Wal-Mart Stores, Inc. that its registered `trademarks "WALMART"; "WAL-MART"; and "WAL★MART"; its registered word mark "ALWAYS LOW PRICES. ALWAYS"; and its "wellknown smiley face mark" were infringed by Plaintiff Charles Smith's anti-Wal-Mart merchandise. Smith petitioned the Court to declare his activities legal so that he may resume them without fear of incurring liability for damages; Wal-Mart counterclaimed for an award of ownership of Smith's Wal-Mart-related domain names, an injunction precluding Smith from making commercial use of any designation beginning with the prefix "WAL," and an award of nominal damages. Both parties prayed for costs and attorneys' fees.

Pending before the Court was Smith's motion for summary judgment [76], Wal-Mart's motion for summary judgment [77], Smith's motion in limine to exclude Wal-Mart's expert witness evidence [78], and Wal-Wart's motions in limine to exclude evidence from Smith's two rebuttal expert witnesses [81, 82].

Smith's motion for summary judgment on Wal-Mart's trademark dilution claims was granted and the other three motions were denied.

counter for iweb