Knobbe Martens Olson & Bear LLP - IP Litigation Applied

Automobile Club of Southern California v. The Autoclub and Kurt Nelson, Civil Action No. CV-05-3940 RSWL (CWx)

The firm successfully represented the Automobile Club of Southern California in obtaining summary judgment that the defendants were unfairly competing by operating as a motor club in the State of California without the required license from the Department of Insurance. The Court enjoined the defendants from further operations in California. The firm then successfully defended against the defendants' motion for summary judgment that the mark AUTO CLUB was generic. The Court found that the firm had introduced sufficient evidence that consumers viewed the mark as a brand and that the defendants' use of the name "The Auto Club" was causing consumer confusion.