Ninth Circuit· 7/7/2017

Marketquest Group, Inc. v. Bic Corp.

Citations

862 F.3d 927
123 U.S.P.Q. 2d (BNA) 1500
2017 WL 2884399
2017 U.S. App. LEXIS 12165

How courts have described this case

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

noting that intent could by shown by evidence the junior user “knew of the mark, should have known of the mark, intended to copy the plaintiff, failed to conduct a reasonably adequate trademark search, or otherwise culpably disregarded the risk of reverse confusion.”
noting 12 that to establish a classic fair use defense, “defendant must show that its use is (1) other than as a 13 trademark, (2) descriptive of the defendant’s goods, and (3) in good faith”
\A defendant asserting fair use must also show that it used the mark in good faith.\
“Forward confusion 18 occurs when consumers believe that goods bearing the junior mark came from, or were 19 sponsored by, the senior mark holder.”
“Forward confusion occurs when consumers 2 believe that goods bearing the junior mark came from, or were sponsored by, the senior mark 3 holder.”
“[W]hen reverse confusion is compatible with the theory of infringement alleged in the 13 complaint, a plaintiff need not specifically plead it”

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Owens, Korman

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Cited by

13 cases in this archive cite this case.

Cites

16 cases in this archive are cited by this case.

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