On May 8, 2026, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Trojan Battery Company, L.L.C. v. Golf Carts of Cypress, L.L.C., Case No. 25-20243, affirming trademark infringement and unfair competition liability under the Lanham Act and Texas common law, upholding disgorgement of defendants’ profits, and vacating a permanent injunction as overbroad.
Trojan Battery has manufactured deep-cycle batteries under the TROJAN® brand since 1925. TROJAN® batteries hold 80% of the OEM market and 50% of the aftermarket for golf-cart batteries. Trojan Battery owns federal trademark registrations for “TROJAN” and “TROJAN BATTERY SALES.”
Defendants Golf Carts of Cypress (GCC) and Trojan EV, both owned by Federico Nell, sold golf carts under the “Trojan-EV” brand beginning in January 2021. GCC also sold carts containing authentic TROJAN® batteries. Trojan Battery sent a cease-and-desist letter in July 2021 and filed suit in September 2021. After a bench trial, the district court found Defendants liable for trademark infringement, awarded Trojan Battery $1,301,507 from Trojan EV and $3,400,215 from GCC in disgorgement damages, and entered a permanent injunction.
The Fifth Circuit analyzed the eight-factor likelihood-of-confusion test. The Court determined the TROJAN® Marks to be strong in the golf industry, the marks highly similar (with “TROJAN” as the dominant element), the products complementary, and the parties’ retail outlets, purchasers, and advertising media overlapping.
On intent, the Court affirmed the district court’s determination that Nell’s testimony denying knowledge of TROJAN® batteries before November 2020 was not credible, given that Nell had sold golf carts since 2019 and GCC sold carts using TROJAN® batteries.
On actual confusion, the Court held the district court clearly erred—five instances of confusion over two and a half years was insufficient given the parties’ sales in the millions. However, because five of the remaining six factors favored likelihood of confusion, the Court nevertheless affirmed on liability.
The Court also found no abuse of discretion in the district court’s award of damages, noting the record supported findings of willful infringement and the inadequacy of other remedies.
Finally, the Court vacated the permanent injunction as overbroad because it prohibited Defendants from using “TROJAN” on any goods or services, including unrelated products outside the golf industry where confusion is unlikely. The Court remanded with instructions to narrow the injunction to products within the golf cart and golf-cart battery markets.
