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· 11/30/2010

Santander Consumer USA Inc. v. Walsh

Citations

  • 762 F. Supp. 2d 217
  • 2010 U.S. Dist. LEXIS 126458
  • 2010 WL 4955567

How courts have described this case

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

  • holding that plaintiffs’ long and extensive use of the marks together with their advertising and promotional efforts and reputation provide sufficient support to classify the marks as distinctive
  • noting that “[l]ikelihood of confusion is an essential element of a trademark infringement claim under the Lanham Act” and the “same likelihood of confusion standard applies to the unfair competition and false designation of origin claims”
  • denying summary judgment on the chapter 110H claim because there was “sufficient” evidence of distinctiveness and dilution
  • recognizing reputational harm where claimant lost investors
  • “The same likelihood of confusion standard applies to the unfair competition and false designation of origin claims.”
  • “[L]ikelihood of dilution . . . can result from . . . reduction of the value of the mark caused by actual or potential confusion[.]” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Bowler

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.