In Boston Duck Tours, LP v. Super Duck Tours, LLC, the District Court of Massachusetts ruled that sponsored linking qualifies as "use in commerce" for purposes of trademark infringement under the Lanham Act. Although the court ultimately found no likely consumer confusion in this case, the court joins a growing number of circuits and districts that have failed to take a cue from well-settled, and clearly analogous, offline trademark principles.
Boston Duck v. Super Duck
Intellectual Property Strategist
March 26, 2008