Bentley Motors Ltd. v. McEntegart
976 F. Supp. 2d 1297
M.D. Fla.2013Background
- Bentley ASserts ownership of BENTLEY and B IN WINGS marks and sues Frary/Keeping It Real and Fugazzi Defendants for trademark-related claims.
- Fugazzi Cars, Inc. and Matthew McEntegart are defendants; Frary and Keeping It Real Auto Customizing, Inc. are separate defendants.
- Bentley obtained a preliminary injunction against Fugazzi Defendants in 2012; default against Fugazzi was entered in 2012.
- Bentley moves for summary judgment against Frary/Keeping It Real and for default against Fugazzi/McEntegart; Frary fails to timely respond.
- Court analyzes filings, deposition testimony, and two Affidavits from Frary (2012, 2013) for sham-affidavit issues; portions of Affidavits are disregarded for summary judgment.
- Court grants summary judgment on four Bentley claims against Frary/Keeping It Real and grants default judgment against Fugazzi/McEntegart; damages to be resolved later pending willfulness findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Likelihood of confusion under §1114(1)(a) | Bentley contends Frary/Keeping It Real used identical/basically identical marks. | Frary/Keeping It Real deny unauthorized use; dispute likelihood. | Yes; likelihood of confusion established. |
| Validity and unauthorized use of Bentley marks | Bentley owns valid marks and Frary/Keeping It Real used them without consent. | Frary/Keeping It Real contest consent/ownership. | Undisputed validity; unauthorized use proven. |
| Trademark dilution and false designation of origin | Bentley’s famous marks diluted by Frary/Keeping It Real; false origin asserted. | Defendants dispute dilution/false designation. | Dilution and false designation granted against Frary/Keeping It Real. |
| Personal liability of Frary and willfulness for damages | Frary personally liable; willfulness supports enhanced damages under §1117(c). | Willfulness disputed; intent fact issue for trial. | Frary liable; willfulness unresolved; damages deferred. |
| Default judgment adequacy vs. damages timing | Default supports liability; damages to be set after willfulness determined. | — | Default judgment granted for Fugazzi/McEntegart; damages deferred. |
Key Cases Cited
- Rolls-Royce Motors Ltd. v. A & A Fiberglass, Inc., 428 F.Supp. 689 (N.D.Ga.1977) (likelihood of confusion and public identification can establish infringement)
- Chanel, Inc. v. Italian Activewear of Fla., Inc., 931 F.2d 1472 (11th Cir.1991) (personal liability where individual actively caused infringement)
- Nike, Inc. v. Variety Wholesalers, Inc., 274 F.Supp.2d 1352 (N.D.Ga.2003) (intent not required for counterfeiting; willfulness affects damages)
- Van T. Junkins & Assocs., Inc. v. U.S. Indus., Inc., 736 F.2d 656 (11th Cir.1984) (sham affidavit doctrine and evaluating credibility in motions)
- Dippin’ Dots, Inc. v. Frosty Bites Distrib., LLC, 369 F.3d 1197 (11th Cir.2004) (trade dress infringement elements and non-functionality)