Brookfield Communications, Inc. v. West Coast Entertainment Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant “can legitimately use an appropriate descriptive term in its meta-tags” under the fair use doctrine
• holding that § 43 Lanham Act false designation claims track the elements of trademark 12 infringement claims
• holding that use of competitor’s trademark in metatags, which are not visible on a website, is actionable under the Lanham Act
• concluding that use of the trademark “MovieBuff” in metatags of a competitor’s website resulted in a likelihood of initial-interest confusion even without confusion as to source
• holding that, for a preliminary injunction, the trademark “MovieBuff” and the domain name “moviebuff.com” “are, for all intents and purposes, identical in terms of sight, sound, and meaning”
• holding that similarities between marks are “weighed more heavily than 4 23-3142 differences”

Source: CourtListener parenthetical corpus (CC0).