Online lottery company Jackpocket Inc. failed to convince the Second Circuit to overturn a bench trial verdict deciding that “Jackpot.com” didn’t infringe its trademark.
A New York federal judge didn’t err in finding that Lottomatrix Corp. established “Jackpocket” wasn’t a strong mark and differed significantly from Jackpot.com, the US Court of Appeals for the Second Circuit said Monday. While the companies compete and there was some anecdotal actual confusion, all other factors in the likelihood of consumer confusion analysis favored Lottomatrix, the three judge panel said.
The unsigned opinion noted that although Jackpocket “is barely distinct from ‘jackpot’ in appearance ...
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