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· 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 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.