John C. Flood of Virginia, Inc., et al. v. John C. Flood, Inc., et al., No. 10-7098 (D.C. Cir. 2011)Annotate this Case
Two businesses with nearly identical names, John C. Flood, Inc. ("1996 Flood") and John C. Flood of Virginia, Inc. ("Virginia Flood"), brought suit against each other over which company had the right to use two trademarks: JOHN C. FLOOD and its abridged form FLOOD. At issue was whether the district court erred in concluding that 1996 Flood was the proper owner of the two trademarks and that Virginia Flood, as the licensee of the marks, was estopped from challenging 1996 Flood's ownership. The court affirmed the district court's order granting 1996 Flood's motion for partial summary judgment and held that 1996 Flood was the proper successor-in-interest to John C. Flood, Inc. ("1984 Flood"), and that Virginia Flood was barred by the doctrine of licensee estoppel from challenging 1996 Flood's ownership of those marks. Accordingly, the court affirmed the judgment but remanded the case back to the district court for clarification regarding whether Virginia Flood's use of the mark JOHN C. FLOOD OF VIRGINIA was prohibited by the court's decision.