Validity, Infringement of Porntube Trademark Cannot Be Decided on Summary Judgment

Whether adding terms such as “fresh” or “large” to the beginning created confusing similarity to the trademarked porntube.com name is a fact question for a jury to determine, the U.S. District Court for the District of Oregon held August 8 (Calista Enters. Ltd. v. Tenza Trading Ltd., D. Or., 3:13-cv-01045-SI, 8/8/14).

Judge Michael H. Simon also refused to determine whether the terms “porn” and “tube” were generic individually or when combined, saying the issue required a fact-intensive inquiry.

The court accordingly refused to grant either party’s motion for summary judgment as to the validity of the porntube ...