Partner Ryan G. Pitman and associate Sarah M. Washington, both members of the Commercial Litigation and Intellectual Property groups, discuss the factors that cause confusion in a trademark infringement case according to New York State case law. In “Prospects For NY Summary Judgment In TM Confusion Cases,” Ryan and Sarah go in-depth and analyze numerous trademark infringement cases where confusion was a disputed issue.
“Trademark litigants in the Second Circuit should be guided in their discovery strategy and litigation-risk assessment by the prospect of summary judgment as to likelihood of confusion,” Ryan and Sarah explained. “Advising clients on the prospects for summary judgment thus requires an assessment of both the number of factors that favor each party (noting that some or all factors may not be determinable at the summary judgment stage) and the degree to which they favor each party.”
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