Shopping website Overstock.com failed to justify a preliminary injunction against a rival for using the word “overstock” in advertising, the U.S. District Court for the District of Utah ruled June 30 (Overstock.com, Inc. v. Nomorerack.com, Inc., D. Utah, 2:13-cv-01095-TS-EJF, 6/30/14).
Denying a motion for a preliminary injunction, the court found that the burden on NoMoreRack.com and the public interest weighed against granting an injunction before Overstock.com had established a trademark infringement claim.
Nevertheless, the court did find that some of the factors of the likelihood of confusion test did weigh in Overstock.com’s favor.
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