Single factor preempts likelihood of trademark confusion claim

Description

Abstract: When a trademark is challenged, courts generally turn to the DuPont factors to determine whether a likelihood of confusion exists between two marks. But, as in a 2016 Federal Circuit case, courts don’t necessarily consider all 13 DuPont factors. This article identifies the single factor considered — similarity of the marks — and how it affected the appeals court’s decision. Oakville Hills Cellar, Inc. v. Georgallis Holdings, LLC, No. 2016-1103, June 24, 2016 (Fed. Cir.)