[DOWNLOAD] "Morningside Group Limited v. Morningside Capital Group" by Second Circuit U.S. Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Morningside Group Limited v. Morningside Capital Group
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 28, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
August Term, 1998 Argued May 5, 1999 Appeal from a judgment of the United States District Court for the District of Connecticut (Janet C. Hall, Judge) dismissing both (1) plaintiff's Lanham Act infringement claim, on the alternative grounds that plaintiff does not have a valid service mark and that there is no proof of likelihood of confusion, and (2) plaintiff's federal dilution claim and state law claims. On appeal plaintiff principally claims that the district court erred in dismissing its infringement claim because the court engaged in faulty legal analysis. We agree, because we hold both that plaintiff does have a valid service mark and that it has demonstrated the necessary likelihood of confusion. We do not reach the federal dilution claim or the state law claims. Judgment REVERSED as to the dismissal of plaintiff's federal infringement claim and REMANDED for entry of a permanent injunction and for determination of any other proper relief, including the consideration of one of plaintiff's state law claims.