Intellectual Property,
9th U.S. Circuit Court of Appeals
Oct. 12, 2020
Identical marks, identical types of products: Not enough to presume confusion
A key question in a recent case, and which the 9th Circuit had never answered before, was whether a trademark counterfeiting claim requires a likelihood of confusion.
Sarah S. Brooks
Partner
Venable LLP
Alicia Sharon
Associate
Venable LLP
The 9th U.S. Circuit Court of Appeals recently affirmed the district court's grant of summary judgment in favor of the defendant, Farmacy Beauty, LLC in a trademark counterfeiting dispute between two skin care companies that both use the mark "EYE DEW" on eye cream products. Arcona Inc. v. Farmacy Beauty, 2020 DJDAR 10632 (Oct. 1, 2020). In 2015, Arcona, Inc. registered the trad...
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