Fourth Circuit· 8/24/2005

Lamparello v. Falwell

Citations

420 F.3d 309
2005 WL 2030729

How courts have described this case

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

holding that the \critical element” is \use of another firm's mark to capture the markholder's customers and profits” and quoting Checkpoint with approval
suggesting that initial interest confusion can apply in Internet context only where defendant profits financially from use of plaintiff’s mark
noting that the first four factors reflect the- “absence of bad faith intent to profit”
noting that a Virginia “unfair competition claim rises or falls [alongside] federal claims of infringement and false designation of origin.”
holding these types of claims are “essentially the same,” that the state claim “rises or falls” with the federal claim, and that it need “not analyze [the] state-law claim separately.”
stating that trademark infringement and false designation of origin claims have the same elements

Source: CourtListener parenthetical corpus (CC0).

Judges: Michael, Motz, King

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Cited by

59 cases in this archive cite this case; the 20 most cited are listed.

Cites

33 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Lamparello v. Falwell

2 other CourtListener records share this case name.

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