Summary Judgment on infringement inappropriate when there is any evidence of prior use
Consumerinfor.com, Inc. v. Money Management International, Inc., 374 Fed.Appx. 696 (9th Cir. 2010) *unpublished*
The district court granted summary judgment to plaintiff who brought an infringement suit against defendant. The Court of Appeals agreed that there was no dispute of facts that defendant’s mark was confusingly similar and that plaintiff’s mark was valid and protectable. However, the Court disagreed with the district court’s finding that there was no triable issue of fact on defendant’s claim of prior use. The district court engaged in weighing the evidence when it discounted evidence presented by the defendant in support of its claim. Therefore, the Court reversed and remanded the partial grant of summary judgment.
Tags: prior use, summary judgment
July 17th, 2012 at 1:18 pm
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