Nordstrom Unlikely To Win 'Rack' Trademark Suit, Judge Says

Law360, New York (March 26, 2013, 4:20 PM EDT) -- A Washington federal judge ruled Monday that online retailer probably isn't infringing Nordstrom Inc.'s trademarked “Nordstrom Rack” brand, denying the bigger retailer a preliminary injunction against the website.

In an early-stage ruling, U.S. District Judge Ricardo S. Martinez said that the name of Nordstrom's discount brand and that of NoMoreRack Retail Group Inc.'s website weren't particularly similar, even if they both used the term “rack.”

“The notable distinctions in overall appearance, sound and meaning of the marks outweigh the slight similar characteristics they share,” the...
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