TRIALGRAPHIX VS. THE GRAPHIC WITNESS

Judge rules in favor
of The Graphic Witness,
denies temporary
restraining order

DOCUMENT INDEX

MIAMI - TrialGraphix "has not shown a substantial likelihood of success" in its trademark suit against The Graphic Witness, a federal District Court judge said Monday (10/19/98).

The statement by Judge Edward B. Davis was part of a ruling in which he denied TrialGraphix's request for a temporary restraining order. The order would have stopped The Graphic Witness from using the phrase "trial graphics" on one page in this web site.

The judge said The Graphic Witness "uses the phrase 'trial graphics' in a generic and descriptive manner. The Lanham Act does not protect generic or descriptive terms."

TrialGraphix is suing The Graphic Witness for trademark infringement, unfair competition and deceptive trade practices for using the words to describe graphics made for trials.

The judge said the phrase, as used in the web site:

  • is displayed under The Graphic Witness' logo.
  • is distinct from TrialGraphix's trademark.
  • is spelled differently.
  • is not capitalized.
  • is not run together.
  • is not in the same script.
  • has no secondary meaning.

"Consumers are not likely to be confused by Graphic Witness' advertisement," the judge said.

The Graphic Witness is represented by attorney Kevin P. Crosby of Malin, Haley, DiMaggio and Crosby of Fort Lauderdale. The Graphic Witness is based in Fort Lauderdale's Courthouse District.

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