Justia Patents Opinion SummariesArticles Posted in US Court of Appeals for the Eleventh Circuit
Wreal, LLC v. Amazon.com, Inc.
Plaintiff, Wreal, LLC, a pornography company, has been using the mark “FyreTV” in commerce since 2008. Defendant, Amazon.com, Inc., has been using the mark “Fire TV” (or “fireTV”) in commerce since 2012. Wreal contended that Amazon’s allegedly similar mark is causing consumers to associate its mark—“FyreTV”—with Amazon. After the close of discovery, the district court granted summary judgment to Amazon. The Eleventh Circuit reversed and remanded the district court’s ruling. The court explained that the case addresses the application of the seven likelihood-of-confusion factors to a reverse-confusion trademark infringement case. Although some of those factors are analyzed and applied in the same way in both reverse-confusion cases and the more familiar forward-confusion cases, there are important differences in how other factors are analyzed and applied that stem from the fact that the harm and the theory of infringement differ between forward and reverse confusion. Here, the record evidence establishes that Amazon acquired actual knowledge of Wreal’s registered trademark and still launched a product line. The two marks at issue are nearly identical, the commercial strength of Amazon’s mark is consistent with Wreal’s theory of recovery. Furthermore, Wreal has identified two consumers who a reasonable juror could conclude were confused by Amazon’s chosen mark. The court wrote, that there is no mechanical formula for applying the seven factors relating to the likelihood of confusion. But when considering all seven factors as they apply to a theory of reverse confusion and taking all the circumstances of this case into account on the record, it concluded that they weigh heavily in favor of Wreal. View "Wreal, LLC v. Amazon.com, Inc." on Justia Law