Case: Trademarks/Use & Likelihood of Confusion (2d Cir.)

The Second Circuit affirmed a federal district court in New York’s ruling granting summary judgment for JAND Inc. on 1-800 Contacts Inc.’s trademark infringement claim. According to the appeals court, 1-800 Contracts didn’t allege use of its trademarks, other than purchasing them as keywords in the online search engine auctions. And the Second Circuit court found that 1-800 Contacts failed to plausibly allege that consumers were likely to be confused by any portion of JAND’s advertising plan.