District Court Erred in Limiting Trademark Injunction Because Likelihood of Confusion is Not Decisive in Determining Injunction's Geographic Scope: Second Circuit | Practical Law
In Guthrie Healthcare System, v. ContextMedia, Inc., the US Court of Appeals for the Second Circuit vacated the district court's geographic limitation of its injunction against the defendant trademark infringer's use of the plaintiff's trademark, expanded the geographic scope of the injunction, and remanded the case to determine whether the injunction could be tailored to allow the defendant some use of plaintiff's trademark outside the plaintiff's service area. In so doing, the Second Circuit ruled that the district court misapplied the likelihood of confusion standard, which controls liability for trademark infringement rather than the scope of any resulting injunction.