Garage Door Trademark Licensee’s Claims Revived by 11th Cir.

A garage door company can sue for infringement and unfair competition even as a licensee holding no rights to trademarks it alleged a third party used to confuse consumers, the Eleventh Circuit said.

The decision reversed a lower court finding that D.H. Pace Co.'s position as a nonexclusive licensee of manufacturer Overhead Door Corp.'s trademarks didn’t give it rights to them or to bring claims related to them against sales and service competitor Overhead Garage Door Equip. Co.

Federal trademark law doesn’t limit the potential for remedy to trademark owners alone, the US Court of Appeals for the Eleventh Circuit ...