Issues of Fact Present in Trademark Infringement/False Advertising Dispute

The Eighth Circuit reversed a grant of summary judgment on trademark infringement and false advertising claims in Mid-State Aftermarket Body Parts, Inc. v. MQVP, Inc., 466 F.3d 630 (8th Cir. 2006) (/06/10/053057P.pdf). MQVP designed a system for assuring quality in automotive parts and tracing the sales history of each part. They received three federal service mark registrations. Mid-State, a distributor of aftermarket auto parts, advertised they had "MQVP parts available." The district court granted summary judgment to Mid-State primarily on grounds that (a) MQVP used its service marks to identify goods; and (b) Mid-State's use was a certification mark use that could not be protected by a service mark registration. The Eighth Circuit held that service marks may be used to identify goods associated with the services, and a service mark owner is entitled to protection against certification mark use.