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Judge Sweet http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=71897 AFTER BEING misidentified in a trade publication, plaintiff hedge fund sued defendant St. Louis-based commercial lender-which has the same name-for trademark infringement under the Lanham Act. In summarily dismissing plaintiff hedge fund’s complaint, the court, noting that no prospective investors or investment targets were lost by the fund as a result of the confusion in the magazine, concluded that “given their sophistication, the consumers of the [parties'] services were unlikely to be confused.” In dismissing plaintiff’s Lanham Act claims the court found that the eight-factor test articulated in Polaroid Corp. v. Polarad Elecs. Corp. overwhelmingly favored defendant. It noted, among other things, that because defendant’s principal performed a search of “Omicron” on the federal trademark registry and determined that “no other entities had registered the mark within the applicable class” defendant adopted the name in good faith.

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