SURFVIVOR MEDIA, INC.; PETER S. DEPTULA, Plaintiffs-Appellants, v. SURVIVOR PRODUCTIONS; CBS BROADCASTING INC.; CBS WORLDWIDE, INC.; WPC BRANDS, INC., Defendants-Appellees., 406 F.3d 625

Summary

The trademark holder held three federal trademarks for a mark that was an amalgamation of the words "surf" and "survivor." The reality television show began broadcasting its show that required cast members to survive in extreme conditions. The show's producers created a special logo that included the words "outwit, outplay, and outlast." The holder had a few people question whether his business was sponsored by the reality show. None of the holder's customers ever returned any goods because of a mistaken belief that the goods were produced or endorsed by the reality show. The holder alleged trademark infringement. The district court granted summary judgment to the reality show, and the holder appealed. Although the holder's amalgamation mark was a suggestive mark, worthy of some protection, phonetically, the marks were nearly identical. However, the meaning subfactor slightly favored the reality show because the word "survivor" evoked its commonly understood meaning. In addition, there ...