Justia Trademark Opinion SummariesArticles Posted in U.S. Court of Appeals for the First Circuit
Oriental Fin. Group, Inc. v. Cooperativa de Ahorro y Credito Oriental
Four years ago, the First Circuit affirmed a judgment that Defendant, a Puerto Rico credit union, infringed on the trademark rights of Plaintiff, a competing bank, by adopting a confusingly similar logo and trade dress. After the First Circuit remanded the case, the district court found no likelihood of confusion with respect to whether the credit union also infringed the bank’s word mark and trade name ORIENTAL with its competing marks COOP ORIENTAL, COOPERATIVA ORIENTAL, ORIENTAL POP, and CLUB DE ORIENTALITO. On appeal, the First Circuit affirmed in part, reversed in part, and remanded, holding (1) there is no clear error in the district court’s conclusion that the CLUB DE ORIENTALITO mark was unlikely to cause consumer confusion; but (2) as to the COOP ORIENTAL, COOPERATIVA ORIENTAL, and ORIENTAL POP marks, the district court’s determination of non-infringement was clearly erroneous. View "Oriental Fin. Group, Inc. v. Cooperativa de Ahorro y Credito Oriental" on Justia Law
A Corp. v. All American Plumbing, Inc.
A Corp., a Massachusetts plumbing corporation and franchisor, brought a trademark infringement action against All American Plumbing, Inc., an Arizona corporation with its principal place of business in Arizona, alleging that All American was improperly using A Corp.’s “Rooter Man” mark, or one confusingly similar, to advertise its plumbing business on its website. The district court dismissed the complaint, concluding that A Corp. failed to meet its burden to establish either general or specific jurisdiction. A Corp. appealed, challenging the district court’s conclusion as to the exercise of specific jurisdiction. The First Circuit affirmed, holding that A Corp.’s argument for specific jurisdiction failed. View "A Corp. v. All American Plumbing, Inc." on Justia Law