Case: Trademarks/Procedure (E.D. Mich.)

A Michigan federal district court denied Wilson Sporting Goods’ motion to dismiss Warrior Sport Inc.’s trademark infringement claim alleging that Wilson’s use of the “EvoShield” mark for its lacrosse protective equipment was likely to cause consumer confusion. The court ruled that the alleged incontestability of the mark doesn’t automatically require Warrior’s claims to be dismissed, and that Warrior sufficiently alleged that it was the senior user of the mark for its equipment.