Genmar, Rinker settle trademark-infringement dispute


Genmar is asking a bankruptcy court judge to approve a settlement agreement between it and Rinker Boat Co. regarding accusations of trademark infringement.

In April, Genmar Industries, which manufacturers and sells Glastron boats, filed suit against Rinker, claiming Rinker adopted and used graphic designs on the sides of some of its boats that infringe upon the "Genmar marks" - "a distinctive Spear Design that appears on the sides of the boats and as part of the Glastron logo."

Rinker, according to court documents, denied its use of the design violated any trademark rights.

"They contend that their design is a complex arrangement of overlapping horizontal and curved images which bear no resemblance to the Genmar marks and are not likely to cause consumer confusion," court papers state.

Despite the disagreement, the parties reached a settlement in which Rinker agreed to cease manufacturing and marketing boats with the accused design by Aug. 31 and phase out all use of the accused designs by Dec. 31.

Rinker did not admit liability as a part of the settlement agreement.

A bankruptcy court hearing is set for Oct. 14 on the motion to approve the settlement.


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