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Seventh Circuit: Several likelihood of confusion factors favored plaintiff, no summary judgment

By McKee, Voorhees & Sease, P.L.C.

The Seventh Circuit recently reversed a district court's summary judgment for the defendant in a trademark infringement case.  The district court held no reasonable fact finder could find the marks likely to be confused.

On appeal, the Seventh Circuit reminded us that the test for likelihood of confusion is not simply whether consumers will confuse two marks, but whether upon viewing the junior mark a consumer will be likely to associate the product or service with the source of the products or services of the senior mark.  In other words, the relevant query is whether consumers will believe that goods/services offered under the junior mark are sponsored, endorsed, or otherwise affiliated with the senior trademark owner.  Applying this standard, the court held there was at least a genuine issue of fact regarding likelihood of confusion, and reversed the grant of summary judgment.

More detail of AutoZone, Inc. v. Strick after the jump.

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Full post as published by FileWrapper on September 22, 2008 (boomark / email).