2nd Circuit Vacates Nominative Fair Use Finding In Trademark Case
(May 19, 2016, 11:46 AM EDT) -- NEW YORK — A Connecticut federal judge erroneously considered source confusion to be the only relevant type of confusion when assessing the merits of an infringement claim surrounding use of a certification mark, the Second Circuit U.S. Court of Appeals ruled May 18, reversing and remanding a grant of summary judgment (International Information Systems Security Certification Consortium Inc. v. Security University, et al., No. 14-3456, 2nd Cir.; 2016 U.S. App. LEXIS 9045).
(Decision available. Document #16-160606-008Z.)
In its ruling, the panel of Circuit Judges Guido Calabresi,...