CFE Racing Prods., Inc. v. BMF Wheels, Inc., No. 14-1939 (6th Cir. 2015)
Annotate this CaseDefendants used a mark, “BMF Wheels” on products and advertising; it is similar to the logo and registered trademark “BMF” that Plaintiff places on cylinder heads. Plaintiff claimed violations of the Lanham Act, 15 U.S.C. 1114(1)(a), 1125(a), and the Michigan Consumer Protection Act, and sought cancellation of Defendants’ registration of “BMF Wheels.” A jury found: that Defendants’ use of its mark creates a likelihood of confusion with the plaintiff’s registered trademark; that Plaintiff’s unregistered BMF logo is a valid trademark; that, as to each logo submitted, Defendants’ use created a likelihood of confusion with the plaintiff’s unregistered trademark; that Plaintiff had not proven that defendants’ initial use of BMF was intended to derive a benefit from the plaintiff’s goodwill or reputation; and that Plaintiff failed to prove that it suffered actual damages. The court entered an t injunction, prohibiting Defendants from using logos that approximated the appearance of Plaintiff’s logo, but permitted continued use of the phrase “BMF Wheels,” with a disclaimer; imposed restrictions on Defendants’ use of the letters “BMF” on products and advertising; and required Defendants to withdraw all advertising bearing BMF logos nd to dispose of stock bearing the logos. The court later found contempt based on Defendants’ failure to withdraw the advertising and imposed sanctions. The Sixth Circuit remanded for an award of attorneys’ fees to Plaintiff, to modify the injunction, and to order cancellation of the invalid BMF Wheels registration, and otherwise affirmed.
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