Ascentive, LLC v. Opinion Corp.

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


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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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