STREETWISE MAPS, INC., Plaintiff-Counter-Defendant-Appellant, v. VANDAM, INC., a corporation of the State of New York, and STEVEN MEUTH, also known as Stephan Van Dam, Defendants-Counter-Claimants-Appellees., 159 F.3d 739

Summary

The court affirmed a judgment dismissing plaintiff's claims for trademark and trade dress infringement in violation of the Lanham Act, 15 U.S.C.S. § 1051 et seq., and copyright infringement in violation of the Copyright Act, 17 U.S.C.S. § 101 et seq. Based on a consideration of factors including, inter alia, the strength of plaintiff's mark, the similarity of the marks, actual confusion between the products, and product quality, the court held that there was not a likelihood of confusion among consumers concerning the parties' competing tourist maps. Therefore, the court affirmed the dismissal of plaintiff's trademark infringement claim. The court also affirmed the dismissal of the copyright infringement claim because the total concept and overall feel created by the two map products was not substantially similar.