Take two – Court revives trademark infringement claim

Description

Abstract: Using the exact words of a competitor’s trademark in a mark would pretty clearly constitute infringement, but a trial court evaluating such a situation disagreed. However, on review of what it described as a “somewhat unusual” trademark case, the U.S. Court of Appeals for the Second Circuit didn’t concur, based on several factors. This article reviews the court’s discussion of the likelihood of confusion test as it applied to the facts. Car-Freshner Corp. v. American Covers, LLC, No. 19-2750 (2d Cir. Nov. 19, 2020).