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MAX RACK, INC. v. CORE HEALTH & FITNESS, LLC

Nos. 20-3598/3600.

40 F.4th 454 (2022)

MAX RACK, INC., Plaintiff-Appellee/Cross-Appellant, v. CORE HEALTH & FITNESS, LLC, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 14, 2022.

Attorney(s) appearing for the Case

ARGUED: Robert Collings Little , BUCHALTER, Los Angeles, California, for Appellant/Cross-Appellee. Matthew J. Schonauer , SCHONAUER LAW LLC, Columbus, Ohio, for Appellee/Cross-Appellant. ON BRIEF: Robert Collings Little , C. Dennis Loomis , BUCHALTER, Los Angeles, California, for Appellant/Cross-Appellee. Matthew J. Schonauer , SCHONAUER LAW LLC, Columbus, Ohio, for Appellee/Cross-Appellant.

MURPHY, J., delivered the opinion of the court in which ROGERS, J., joined, and COLE, J., joined in part. COLE, J. (pp. 479-81), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Trademarks allow consumers to distinguish one product from another quickly and cheaply. But they could not perform this signaling function if a trademark owner's competitors could freely use the owner's mark to sell their (potentially inferior) goods. So the Lanham Act has long prohibited trademark infringement...

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