Intellectual Property News and Reports

Hensley Manufacturing, Inc. (“Hensley Manufacturing”) and ProPride, Inc., (“ProPride”) both manufacture and sell trailer hitches for “RVers” everywhere. And, more importantly, both companies manufacture and sell trailer hitches designed by the same man: James Hensley (also known as “Jim Hensley”). Hensley Manufacturing claims that ProPride’s use of Jim Hensley’s name in its advertising material is likely to confuse consumers and infringes upon Hensley Manufacturing’s registered trademark in the name “Hensley.”

Hensley Manufacturing sued ProPride, its founder Shawn Woodruff, and Jim Hensley (collectively, “defendants”) in federal district court, asserting, inter alia, a claim for trademark infringement under the Lanham Act. Defendants filed separate motions to dismiss the complaint, and Hensley Manufacturing filed its own motion for a preliminary injunction. The district court granted defendants’ motions to dismiss and denied Hensley Manufacturing’s motion for a preliminary injunction, holding that ProPride’s use of Jim Hensley’s name fell under the fair use exception to trademark infringement claims.

On appeal, Hensley Manufacturing argues that the complaint adequately stated a claim for trademark infringement. It also argues that the district court prematurely dismissed the complaint on the basis of the affirmative defense of fair use and improperly considered matters outside the complaint. We affirm the district court’s dismissal of the complaint.

Download Hensley Manufacturing, Incorporated v. ProPride, Incorporated