Weak Mark, Lack of Confusion Leads to Summary Judgment for Defendant

Weak Mark, Lack of Confusion Leads to Summary Judgment for Defendant

Judge Leonie M. Brinkema was not impressed with the trademark infringement case filed by Wag'N Enterprises, a pet-safety company based in Herndon, Virginia, against a California nonprofit known as Redrover. Entering summary judgment in favor of Redrover, she essentially found that no reasonable jury could find that Wag'N's mark, "Wag'N Rover Respond'R" was confusingly similar to RedRover's "RedRover Responder."

Trademark infringement exists where a valid and protectable mark is used by the defendant in a way that causes a likelihood of confusion in consumers. If the plaintiff does not hold a federally registered trademark, a valid and protectable mark may still exist where "the mark is used in commerce and is distinctive." 

Read the rest of the article at the Virginia Business Litigation Lawyer blog

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