· 8/14/2014
Fortres Grand Corporation v. Warner Brothers Entertainment
Citations
- 763 F.3d 696
- 112 U.S.P.Q. 2d (BNA) 1154
- 2014 WL 3953972
- 2014 U.S. App. LEXIS 15609
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying Rogers and granting motion to dismiss; “[t]he same analysis applies to the use of [the mark] on the promotional websites [for defendant’s movie]”
- affirming dismissal of trademark action for failure to state a claim for relief where the district court found that the plaintiff “had not alleged a plausible theory of consumer confusion”
- defining a “senior user” as the first, and protected, user of the mark
- “Because Fortres Grand has failed to plausibly allege confusion, it has failed to state a claim for trademark infringement.”
- “[I]t is well established that [trademark] infringement, federal unfair competition, and state unfair competition . . . are analyzed under the same trademark infringement analysis.”
- Indiana trademark infringement claim is \analyze[d] . . . the same as Lanham Act trademark claims.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Manion, Rovner, Hamilton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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