9th Circuit: Confusion Required For Trademark Counterfeiting Claims

Mealey's (October 2, 2020, 1:15 PM EDT) -- SAN FRANCISCO — In an Oct. 1 ruling, the Ninth Circuit U.S. Court of Appeals upheld summary judgment in favor of a defendant, joining with other circuit courts in concluding that in order to prevail, plaintiffs who assert trademark counterfeiting are required to establish a likelihood of confusion (Arcona Inc. v. Farmacy Beauty LLC, No. 19-55586, 9th Cir., 2020 U.S. App. LEXIS 31203)....