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· 1/11/2006

Carefirst of Maryland, Inc. v. First Care, P.C.

Citations

  • 434 F.3d 263
  • 2006 WL 51182

How courts have described this case

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

  • holding that no evidence of actual confusion over the course of nine years “creates a strong inference that there is no likelihood of confusion” (citation omitted)
  • finding that “evidence of extensive third-party use” demonstrated the disputed mark’s lack of commercial strength
  • finding that 3 out of 130 respondents—or a “confusion rate of 2 percent”—-was “hardly a sufficient showing of actual confusion”
  • noting that such stark differences in spending reflect dissimilarity in advertising
  • finding in a trademark case that “the absence of any evidence of actual confusion . . . creates a strong inference that there is no likelihood of confusion”
  • affirming summary judgment for the defendant where no factor supported a likelihood of confusion

Source: CourtListener parenthetical corpus (CC0).

Judges: Motz, Traxler, Shedd

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.