HOKTO KINOKO COMPANY, a Japanese corporation, Plaintiff-counter-defendant — Appellee, and HOKUTO COMPANY, LTD., a Japanese corporation, Third-party-defendant — Appellee, v. CONCORD FARMS, INC., a California corporation, Defendant-counter-claim-third-party-plaintiff — Appellant., 738 F.3d 1085

Summary

HOLDINGS: [1]-Where a trademark holder alleged that a competitor wrongly imported and marketed mushrooms under its marks for certified organic mushrooms, but which were cultivated in Japan by the trademark holder's parent company under nonorganic standards, the competitor's mushrooms were not "genuine goods" in relation to any of the three separately sold and packaged products of the trademark holder, because, inter alia, competitor's mushrooms were not organic; [2]-The competitor's importation of its mushrooms was likely to confuse consumers under the Lanham Act because while there was no evidence of actual confusion, each of the other Sleekcraft factors weighed heavily in the trademark holder's favor; [3]-Cancellation of the trademark holder's trademark registration for fraud was not warranted under 15 U.S.C.S. § 1064; [4]-The parent company did not engage in naked licensing.