Case: Trademarks/Likelihood of Confusion & Distinctiveness (D. Utah)

A federal district court in Utah denied Nutraceutical Corp.'s motion for partial summary judgment in its action against NutraChamps Inc. for trademark infringement. Nutraceutical claimed that NutraChamps’ Tribulus product infringed its Boost Elite trademark. There are factual questions concerning the likelihood of confusion and the distinctiveness of Nutraceutical’s asserted trade dress, according to the court. The court granted summary judgment in favor of Nutraceutical on all but one of NutraChamps’ affirmative defenses.