Piano Factory Group, Inc. v. Schiedmayer Celesta GmbH, No. 20-1196 (Fed. Cir. 2021)Annotate this Case
Schiedmayer makes and sells celestas, keyboard instruments that resemble small pianos. and is the successor to a line of German companies that have sold keyboard musical instruments under the Schiedmayer name for nearly 300 years. In 1980, Georg Schiedmayer, the owner of Schiedmayer & Soehne, stopped making pianos and renamed the company Schiedmayer GmbH, then briefly entered into a joint venture with Ibach. The “Schiedmayer” trademark was not sold, assigned, or otherwise transferred to Ibach or any other entity. but Ibach entered into an agreement with Kawai under which Kawai produced pianos carrying the Schiedmayer name. Georg’s widow, Elianne, became the sole owner of Schiedmayer, and, in 1995, founded a new company that became Schiedmayer Celesta.
In 2002, the owner of Piano Factory retail outlets, believing that the “Schiedmayer” mark had been abandoned for pianos, acquired the domain name “schiedmayer.com.” The Patent and Trademark Office issued a registration for the “Schiedmaryer” mark in 2007. Piano Factory assigned the registration to Sweet 16, which purchased “no-name” pianos from China and affixed labels on them, including the Schiedmayer label. Schiedmayer Celesta filed a cancellation petition with the Trademark Trial and Appeal Board, citing the Lanham Act, 15 U.S.C. 1052(a). The Federal Circuit affirmed the cancellation of the mark. All of the relevant factors—similarity of the goods, recognition among particular consumers, and intent in using the mark—support the Board’s finding that the name was sufficiently well known among consumers of Sweet 16’s products that a connection with Schiedmayer would be presumed.