Home Box Office, Inc., Plaintiff-Appellant-Cross-Appellee v. Showtime/the Movie Channel Inc., Defendant-Appellee-Cross-Appellant

How courts have described this case

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

• holding that a showing of a likelihood of confusion as to source or sponsorship establishes the requisite likelihood of success on the merits as well as the risk of irreparable harm
• finding that showing of likelihood of confusion establishes both requisite likelihood of success on the merits as well as risk of irreparable harm
• describing Showtime's use of a disclaimer as \especially problematic\ where there was an allegedly false statement \on its back panel and a disclaimer only appearing on an inside panel\
• “We have found the use of disclaimers to be an adequate remedy when they are sufficient to avoid substantially the risk of consumer confusion.”
• “In many circumstances[,] a disclaimer can avoid the problem of objectionable infringement by significantly reducing or eliminating consumer confusion by making clear the source of a product.” (citing Soltex Polymer Corp. v. Fortex Indus., Inc., 832 F.2d 1325 (2d Cir. 1987

Source: CourtListener parenthetical corpus (CC0).