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· 3/8/2011

Network Automation, Inc. v. Advanced Systems Concepts, Inc.

Citations

  • 638 F.3d 1137
  • 97 U.S.P.Q. 2d (BNA) 2036
  • 2011 U.S. App. LEXIS 4488
  • 2011 WL 815806

How courts have described this case

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

  • noting that “the shared use of a ubiquitous marketing channel” like the internet “does not shed much light on the likelihood of consumer confusion”
  • explaining that “likelihood of confusion will ultimately turn on what the consumer saw on the screen and reasonably believed, given the context”
  • noting that the “sine qua non of trademark infringement is consumer confusion”
  • finding shared use alone of a ubiquitous marketing channel like the internet does not clarify the likelihood of confusion
  • using a trademark in keyword advertising does not violate Lanham Act absent showing of likelihood of confusion
  • casting doubt on the notion that “[i]nternet users on the whole exercise a low degree of care”

Source: CourtListener parenthetical corpus (CC0).

Judges: Trott, Wardlaw, Mosman

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.