RE/MAX International, Inc. v. Trendsetter Realty, LLC

How courts have described this case

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

• noting that “post-sale confusion” “is relevant to a determination of a likelihood of confusion” (quoting Elvis Presley Enters., 141 F.3d at 204)
• collecting cases noting that things like “rice” or “t-shirts” are of such a price that consumers are not likely to exercise great care but “carpeting” is
• even if the defendant acted in good faith, “this digit of confusion [is] a non-factor in the likelihood-of-confusion analysis.”
• “It is unclear whether the Fifth Circuit recognizes a separate defense of waiver or estoppel in the trademark context, and the defendants have cited no authority supporting either defense.”
• “[T]he period begins on the date the plaintiff obtained actual or constructive knowledge of the allegedly infringing use and ends when the trademark owner objects to the defendant’s use and gives notice of the objection by, for example, a cease-and-desist letter.”

Source: CourtListener parenthetical corpus (CC0).