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.[1] 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."[2]

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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