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Hot-Hed, Inc. v. Safehouse Habitats, Ltd.

Appellants, Hot-Hed Inc. and Cinaruco International S.A. (collectively, "Hot-Hed"), appeal the trial court's grant of declaratory judgment against them in their suit for trademark infringement against appellee, Safehouse Habitats (Scotland) Ltd. (Safehouse). Safehouse also appeals the judgment of the trial court. The trial court's declaration is modified to state that "the term 'habitat' is not eligible as a trademark under Texas or Federal law, namely the Lanham Act, Title 15 of the United States Code, when used in connection with welding enclosures and any related accessories or items.? The following sentence is added following the above sentence: "The Court orders that Hot-Hed's Texas registration of the term "habitat" when used in relation to inflatable welding enclosures is cancelled." The following sentence is added following the award of attorney's fees and court costs: "Safehouse shall also recover from plaintiffs, jointly and severally, post-judgment interest at a rate of five percent, compounded annually." The judgment is affirmed as modified. Houston?s 1st Court of Appeals, No. 01-09-00547-CV, 11-18-2010

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OPINION

Appellants, Hot-Hed, Inc. and Cinaruco International, S.A. (collectively, “Hot-Hed”), appeal the trial court’s grant of declaratory judgment against them in their suit for trademark infringement against appellee, Safehouse Habitats (Scotland), Ltd. (“Safehouse”). In four issues, Hot-Hed argues that the trial court erred in (1) entering declaratory judgment that the “Habitat” mark is not eligible for protection as a trademark under Texas or federal law; (2) awarding Safehouse attorney’s fees under the Texas Uniform Declaratory Judgment Act (UDJA); (3) refusing Hot-Hed’s timely request to issue findings of fact and conclusions of law on the attorney’s fees award; and (4) declining to submit Hot-Hed’s proposed special issue on statutory trademark infringement to the jury.

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