Case: Trademarks/Likelihood of Confusion (W.D. Tex.)

A federal district court in Texas granted Hotel Magdalena Joint Venture LLC’s motion for summary judgment in this action by Lettuce Entertain You Enterprises LLC, which owns the “Summer House Santa Monica” restaurant mark, for trademark infringement, unfair competition, and false designation, relating to the hotel’s “Summer House on Music Lane” restaurant mark. The court said that “Summer House” is a commercially weak mark with widespread third-party use, there’s no evidence of consumer overlap, and there’s de minimis evidence of actual confusion.