File this next to last month’s RISE case in the Second Circuit, under “Brands with strong housemarks defeat reverse confusion claims.”
But see the 11th Circuit Amazon FYRE case.
Text of Align Activation v LuluLemon Athletica, 21-55775 (Ninth Cir. August 9, 2022):
NB: This decision is dated March 20. Plaintiff has now withdrawn its case.
This is a somewhat typical fact pattern – a small company owns a not-so-unique mark. A large company appends its famous housemark to the weaker term.
Plaintiff here owns a federal registration for FUEL for apparel. It has had a low
Interesting fact pattern. Plaintiff developed a stuffed bear with ‘hugging’ technology, and received a trademark registration for LOTS OF HUGS (there’s some muddiness in the chain of title, so let’s slip some ‘allegedly’s in there). Disney names the evil bear antagonist on Toy Study 3 LOTSOHUGGIN’ or LOTSO. Plaintiff is forced to change the
Publisher which had licensed Toys R Us to use THE TOY BOOK and BIG TOY BOOK (after dispute) sues for TRU continuing post-license use of BIG BOOK.
Complaint Big Toy Book
Via E Online: Real band WYRD SISTERS prevent fictional band WYRD SISTERS from performing on ‘Harry Potter and the Goblet of Fire’soundtrack.
The (real) band’s leader articulated the typical ‘reverse confusion’ concern:
“They are so much more huge than us in their reach that we’ll go out on tour a month after the movie comes