Designer Skin LLC v. S & L Vitamins, Inc., et al.
CD Solutions, Inc. v. John Cleven Tooker, Commercial Printing Co. and CDS Networks, Inc.
15 F.Supp.2d 986, Civil No. 97-793HA (D. Or., April 22, 1998)
Plaintiff CD Solutions, which manufactures and sells CD-ROM compact discs, operates a website at the domain "CDS.com" to aid its marketing efforts. Defendants Commercial Printing Co. and CDS Networks, Inc. own the federal trademark in "CDS" which stands for "Commercial Documentation Services." Trademark registration was obtained for a business engaged in desktop publishing and printing. Defendants contended that plaintiff's use of their trademark in this fashion constituted trademark infringement. Plaintiff disagreed. The court sided with plaintiff, and held that plaintiff's use of defendants' "CDS" mark in its domain name did not constitute trademark infringement.
The Court's ruling hinged on its determination that a generic mark is not entitled to trademark protection when used to market the class of goods it describes. Said the court: