UL LLC v. THE SPACE CHARIOT INC. ET AL., 250 F. Supp. 3d 596

Summary

HOLDINGS: [1]-A rational trier of fact could only find that corporations' use of counterfeit certification and service marks was likely to cause confusion under the Lanham Act, 15 U.S.C. § 1114(1), because five of the eight factors of the test used to analyze the likelihood of confusion weighed in favor of the trademark owner, and the other three factors weighed were neutral; [2]-The owner presented undisputed evidence of the corporations using a mark that was identical with, or substantially indistinguishable from the certification mark in connection with the sale, offering for sale, distribution, or advertising of goods or services, 15 U.S.C.S. §§ 1114(1) and 1127; [3]-A rational trier of fact would not be able to find that the marks were weak because they were conceptually strong since they were arbitrary, i.e., they had no relevance to any feature or characteristic of a product.