Trademark Pro

Super Cruise vs. BlueCruise: GM sues Ford in trademark dispute

GM filed a trademark infringement case to block Ford from using the name “BlueCruise” for its soon-to-be-released hands-free driving feature.

https://edition.cnn.com/2021/08/17/business/gm-ford-cruise-trademark-fight/index.html

The trademark infringement cases was filed on behalf of CRUISE LLC, a Delaware limited liability company, and GM CRUISE HOLDINGS LLC, a Delaware limited liability company, and GENERAL MOTORS LLC, a Delaware limited liability company, as Plaintiffs.

FORD MOTOR COMPANY, a Delaware corporation, is the sole defendant.

The court file name is:

Cruise LLC et al v. Ford Motor Company N.D.Cal. 3:21-cv-05685-SI.

Here’s link to GM’s complaint:

https://s3.documentcloud.org/documents/21015837/gm-cruise-vs-ford.pdf

Venue of GM Case in the Northern District of California

Why did GM’s lawyers at KIRKLAND & ELLIS file this infringement case in the Northern District of California instead of the Central district of California, which is where their Los Angeles offices are located?

Link to Twitter survey

In their complaint, the Plaintiffs justify their chose of venue with these two paragraphs:

This Court has personal jurisdiction over Ford because it has committed acts in this District that give rise to all claims of infringement, false designation of origin, and unfair competition asserted here and are likely to confuse residents of this District and cause injury here. In addition,
Ford has substantial, systematic, and continuous contacts with this District such that it may be considered to reside here. Ford has regular and established places of business in the State of California and in this District, and conducts business with customers residing in this District.

Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b), at least because a substantial part of the events or omissions giving rise to the claims occurred in this judicial district, and because Ford has committed, and is likely to commit, acts of infringement, false designation of origin, and unfair competition in this District and has a regular and established place of business in this District. In addition, venue is proper because Cruise’s principal place of business is in this District and Cruise will suffer harm in this District.

Complaint

Analysis

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