Surfvivor Media, Inc. Peter S. Deptula v. Survivor Productions CBS Broadcasting Inc. CBS Worldwide, Inc. Wpc Brands, Inc.

How courts have described this case

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

• holding that mere “expressed interest in” — rather than “concrete evidence” of — expansion tilted factor in favor of defendant
• holding that a \minor overlap\ of distribution channels \slightly favors\ a finding of likelihood of confusion
• holding that similarity factor did not favor either party where disputed marks were “Surfvivor” and “Survivor”
• holding that the “‘degree of consumer care’ factor does not favor either party” with respect to moderately priced goods such as clothing
• holding that the likelihood of expansion factor 20 weighed against a finding of likelihood of confusion because the plaintiff did not “adduce any 21 concrete evidence of expansion plans”
• concluding that “[t]he distribution 3 of the Sleekcraft factors does not raise a material issue of fact regarding likelihood of 4 confusion” where only two factors weighed in plaintiff’s favor

Source: CourtListener parenthetical corpus (CC0).