Russell Road Food & Beverage v. Spencer, No. 14-16096 (9th Cir. 2016)
Annotate this CaseThe mark “Crazy Horse” has been associated with adult entertainment since the 1950's. In this appeal, at issue is whether Russell Road’s use of the mark “Crazy Horse III” for its Las Vegas strip club infringes defendants Frank Spencer and Crazy Horse Consulting’s rights to the trademark “Crazy Horse.” The district court granted summary judgment to Russell Road. The court agreed with the district court that Russell Road has the right to use the mark because it is the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered Crazy Horse mark. Accordingly, the court affirmed the judgment.
Court Description: Trademark. Affirming the district court’s summary judgment, the panel held that the plaintiff was the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered mark “Crazy Horse” and therefore had the right to use the mark.
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