A bed and breakfast operated out of the Lizzie Borden House asked for a preliminary injunction on its trademark infringement claim against a recently opened coffee shop next door. The motion was denied and the denial was affirmed on appeal.
WHY THIS IS IMPORTANT… the basis of the claim was that the coffee shop was trading on the goodwill of the bed and breakfast by using the association with Lizzie Borden. This argument was rejected because even though the bed and breakfast owned the Lizzie Borden trademark for its services, it did not own the trademark for a coffee shop. All trademark law is limited to the use made. This particular set of uses was not close enough to create liability.
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