Intellectual Property Law

All Sleekcraft Factors Must Be Considered in Summary Judgment on Trademark Infringement Claims

By Michael F. Kelleher

The One Sentence Summary: The panel reversed summary judgment rulings by the district court on trademark infringement, dilution and copyright claims in a dispute between toy makers.

Ninth Circuit Holdings:

• Summary judgment for defendant Mattel on trademark infringement claim was improper when district court considered only dissimilarity of marks, and not the remaining Sleekcraft factors.
• Summary judgment against Mattel on its trademark dilution claim was improper where HOT RIGZ mark was nearly identical to famous HOT WHEELS mark.
• Copyright claim by Mattel presented issues of fact as to similarity of flame drawings.

Full post as published by IP Law Observer on February 21, 2008 (boomark / email).