When is confusion unlikely for purposes of a motion to dismiss?

Nutter’s IP Law Bulletin covers Southgate v. Soundspark, Inc., No. 14-CV-13861-ADB, 2016 WL 1268253 (D. Mass. Mar. 31, 2016), in which the court found confusion implausible on the pleadings based on a description of the parties’ businesses.  Although Southgate had a valid registration for a design mark for “Sound Spark Studios,”

Southgate did not sufficiently plead how his company was similar to and competed with defendants’; the court said that the complaint offered little evidence of similarity aside from the fact that “both companies are involved in the music industry.” The court also explained that the complaint said nothing of the companies’ respective “channels of trade, advertising, or consumer base.” And the defendants’ apparent good faith in rebranding to “TapTape” mattered, too.

from Blogger http://ift.tt/1VGCTcV

This entry was posted in Uncategorized and tagged . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s