‘Museum of Illusions’ Trademark Dispute Ends Over Disclaimed Use

Metamorfoza D.O.O., which obtained a trademark registration for its “Museum of Illusions” logo, failed to show that another company that opened a museum with the same name infringed the mark, the Ninth Circuit ruled Tuesday.

In a nonprecedential opinion, a three-judge Court of Appeals for the Ninth Circuit panel also denied defendant Big Funny LLC’s request for attorneys’ fees, finding that district court didn’t abuse its discretion by finding that the case involved debatable legal questions.

Metamorfoza’s trademark registration included an “M” design made out of optical illusions, but the company “expressly disclaimed” the exclusive right to use the words ...