· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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