PLAYNATION PLAY SYSTEMS, INC., d.b.a. Gorilla Playsets, Plaintiff - Appellee, versus VELEX CORPORATION, d.b.a. Gorilla Gym, Defendant - Appellant., 924 F.3d 1159

Summary

HOLDINGS: [1]-In a Lanham Act lawsuit for trademark infringement, pursuant to 15 U.S.C.S. § 1114(1), the district court did not clearly err in determining that plaintiff's suggestive mark was strong, in part because plaintiff had extensively used the mark in commerce since 2002 and the mark was incontestable; [2]-The district court did not clearly err in holding that defendant infringed on plaintiff's trademark, in part because the actual confusion factor weighed in favor of a likelihood of confusion and the products, retail outlets, and advertising of the parties were sufficiently similar to weigh in favor of confusion; [3]-The district court abused its discretion in holding that plaintiff was entitled to an accounting of defendant's profits due to willful infringement based solely on defendant's continued lawful use of its mark after it was served with the complaint in the action.