Ascentive, LLC v. Opinion Corp.

Bench brief of Opinion Corp., Inc. regarding likelihood of confusion in domain names

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At the preliminary injunction hearing in this matter (see related documents), the court asked for further guidance on the issue of fair use as a defense to trademark infringement in the context of domain names.

As of July 2011, the court had not ruled on Ascentive's preliminary injunction motion -- but evidently was not moved by its irreparable harm claim.

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Published In: Business Torts Updates, Civil Rights Updates, General Business Updates, Communications & Media Updates, Intellectual Property Updates

Reference Info:Legal Memoranda: Prejudgment Remedies | Federal, 2nd Circuit, New York | United States