Prospects For NY Summary Judgment In TM Confusion Cases
By Ryan Pitman and Sarah Washington (June 17, 2019, 4:24 PM EDT) -- Proving trademark infringement requires a showing that the defendant's mark is likely to cause confusion with the plaintiff's mark. While "likelihood of confusion is frequently a fairly disputed issue of fact on which reasonable minds may differ, the issue is amenable to summary judgment in appropriate cases."
Trademark litigants in the Second Circuit should be guided in their discovery strategy and litigation-risk assessment by the prospect of summary judgment as to likelihood of confusion. A review of several recent cases from the U.S. District Court for the Southern District of New York, interpreting and applying the guidance of the U.S. Court...
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