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Intellectual Property Litigation: Initial-Interest Confusion Doctrine at the Supreme Court

September 7, 2021

Litigation partner Catherine Nyarady’s latest intellectual property litigation column, “Initial-Interest Confusion Doctrine at the Supreme Court,” appeared in the September 7 issue of the New York Law Journal. Catherine discusses Select Comfort Corp. v. Baxter, in which the Eighth Circuit joined the majority of circuits in permitting a finding of infringement and recovery for “initial-interest confusion” in trademark cases under certain circumstances. Initial-interest confusion arises when a competitor uses a trademark holder’s reputation or similar marks to create initial customer interest and induce a consumer to knowingly purchase the competitor’s product. The Supreme Court is currently considering whether to review the decision and potentially resolve the circuit split on this issue. Litigation associate Michael Milea assisted in the preparation of the article.

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