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· 6/27/2012

Rearden LLC v. Rearden Commerce, Inc.

Citations

  • 683 F.3d 1190
  • 103 U.S.P.Q. 2d (BNA) 1161
  • 2012 WL 2402012
  • 2012 U.S. App. LEXIS 13152

How courts have described this case

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

  • holding that as “a matter of basic common sense,” industry confusion can “serve as an adequate proxy or substitute for evidence of actual consumer confusion”
  • recognizing that “a court conducting 8 a trademark analysis should focus its attention on the relevant consuming public”
  • ruling that common law trademark infringement 27 claim survived summary judgment for the same reasons § 1125(a) claim survived
  • holding that California state-law claims for 5 trademark infringement and unfair competition are “subject to the same legal 6 standards” as a Lanham Act trademark claim
  • finding that common use of the name “Rearden” made two marks more than “somewhat” similar
  • noting that 15 trade publications and news articles can support a showing of likelihood of confusion

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Scannlain, Cowen, Berzon

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.