Trademark Law Briefs

Binder v. Disability Group, Inc., 2011 U.S.Dist. LEXIS 7037 (C.D. Cal, 2011)

Plaintiffs are the folks behind Binder & Binder, the nationally advertised social security disability advocates.  Defendant, a competitor, used plaintiff’s’ trademark “Binder & Binder” as a keyword in its adwords campaign.  After trial, the court held that there was likelihood of confusion.  Plaintiffs demonstrated actual confusion through survey and depositions.  Apparently defendants were implying a false connection to Binder & Binder when potential clients would call.

2007 US Dist LEXIS 92905 (CD CA 2007).  Decided December 18, 2007

Ruling: Recent consumer surveys conducted by a plaintiff mark holder are not relevant as to the commercial impression of the mark at the time that the defendant adopted the mark. (more…)