"Plaintiff is therefore forced to resort to an argument that Defendant's facilities—located on the opposite coast—infringe on its trademarks. This sort of significant geographic separation between local businesses, coupled with the lack of any legally cognizable consumer overlap, compels application of the principles espoused in Dawn Donut, What-A-Burger, and their progeny. Plaintiff makes many arguments to the contrary, but they are all unavailing," Young wrote.
November 09, 2023 at 04:49 PM
5 minute read
Location means a lot when deciding where to retire, and sometimes it plays a role when deciding trademark infringement disputes, too.
At least, it did for a federal judge in Virginia when deciding summary judgment in a trademark dispute between a retirement community on entirely opposite ends of the country.
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