UT Court Grants Injunctive Relief to Talisker Corp. in Row over "Talisman" Real Estate Mark

Holding:

The U.S. District Court for the District of Utah granted injunctive relief to plaintiffs Talisker Corp. and Talisker Deer Valley Corp. (collectively, "Talisker) in their trademark row with defendants Prime West. Both plaintiffs and defendants were engaged in real estate development, but the former sued the latter, claiming that Prime West's mark, "Talisman," infringed their own "Talisker" mark. The district court sided with plaintiffs because there was a strong and substantial likelihood that they would succeed in their infringement claim. Citing court precedents, the district court found that almost all factors used in determining likelihood of confusion, such as degree of similarity of the marks and intent of the alleged infringer, weighed in Talisker's favor. In this regard, an injunction would eliminate any confusion between the Talisman development and Talisker’s developments and facilities. Such an injunction would also enforce Talisker's marks. The district court therefore ruled that issuance of preliminary injunction to be effective immediately upon the posting of a bond.

Detailed Summary:

This case involved a dispute involving the “Talisker Trademarks” and the “Talisman Trademark”.  Talisker owned and used the Talisker Trademarks in connection with real estate marketing, recreational activities, and other purposes in the area around Park City, Utah. Opinion, p. 1.

On the other hand, defendants Prime West Jordanelle, LLC and Prime West Jordanelle II, LLC (collectively “Prime West”) use the Talisman Trademark in connection with real estate marketing in the same area: Park City, Utah. Id.

Talisker alleged that Prime West’s use of the Talisman Trademark infringed the Talisker Trademarks. Id. Talisker is a real estate developer. Talisker is developing…

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