Sunstar, Inc. v. Alberto-Culver Co. , No. 07-3288

In a trademark infringement case involving interpretation of a trademark licensing agreement of plaintiff's "VO5" trademark, and Japanese trademark law, district court's judgment in favor of the plaintiff, and orders enjoining the defendant from using the variant mark, and terminating the licensing agreement to return all the licensed trademarks to the plaintiff is vacated and remanded as under Japanese trademark law, the term senyoshioken, which the district judge refused to give the meaning of to the jury, means exclusive-use right where the license holder not only has an exclusive right to use the licensed trademarks within the geographical scope of the licensed trademarks but can sue infringers of the trademarks in its own name.   

Read Sunstar, Inc. v. Alberto-Culver Co. , No. 07-3288

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided October 28, 2009

Judges

Before:  Posner, Manion, and Evans, Circuit Judges

Opinion by Posner, Circuit Judge