Maryland District Court Denies Summary Judgment Cross-Motions for Trademark Infringement

Thursday, August 11, 2016

Judge George Hazel denied cross-motions for summary judgment with respect to trademark infringement.  Althought the Court indicated it was unaware of any case in which likelihood of confusion had been found based on similarities with respect to a disclaimed word of a registered mark, summary judgment was denied because genuine issues of material fact existed as to the strength of plaintiff’s registered mark, the similarities in the mark colors (claimed in the registration), goods, facilities, advertisements, and the defendants’ intent.  Cava Grp., Inc. v. Mezeh-Annapolis, LLC, GJH-14-355, 2016 WL 3634689 (D. Md. July 7, 2016).