Successful Defense Saves Mama's Used Furniture

Charleston, SC -- In an opinion by Judge Patrick Michael Duffy, the United States District Court for the District of South Carolina found American TV & Appliance, Inc. innocent of trademark infringement for its use of MAMA'S USED FURNITURE in stores located in Beaufort, South Carolina and Savannah, Georgia. Palmetto Ford, Inc. of Charleston, South Carolina filed the lawsuit alleging that MAMA'S USED FURNITURE caused confusion with Palmetto Ford's registered mark MAMA'S USED CARS. The Court held that MAMA'S USED CARS constituted a weak trademark and that consumers were unlikely to be confused between it and MAMA'S USED FURNITURE. Judge Duffy's opinion carefully reviewed the factors examined to determine likelihood of confusion among consumers. The Court found there was no likelihood of confusion and, therefore, no infringement. Marc Manos of Nexsen Pruet Jacobs & Pollard, LLP and John Harleston of the Harleston Law Firm represented American TV & Appliance, Inc. d/b/a MAMA'S USED FURNITURE in the case. Mr. Manos observed that the case is a natural extension of businesses becoming aware of the importance and value of intellectual property such as trademarks. Today's business environment encourages aggressive protection of trademarks and other valuable intellectual property. The value of consumer recognition causes cases like this one, which are close to the line of legal protection for trademarks as opposed to free trade and competition.