Microsoft Kinect Didn't Infringe Kinbox Mark, 3rd Circ. Rules

Law360, New York (January 10, 2013, 3:19 PM EST) -- The Third Circuit ruled Thursday that consumers were unlikely to confuse Microsoft Corp.’s Kinect gaming device with a small software company's “Kinbox” Facebook application, affirming the dismissal of the company's reverse confusion trademark suit.

The appeals court agreed with U.S. District Judge Gene E.K. Pratter's January 2012 ruling that Kinbook LLC failed to show that Microsoft's Kinect brand name was confusingly similar to the older Kinbox trademark.

“The district court concluded that no reasonable jury could find a likelihood of confusion between the parties’ marks exists,”...
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