Oaklawn Jockey Club, Inc. v. Kentucky Downs, LLC

HELENE N. WHITE, Circuit Judge.

Plaintiffs, owners of horse-racing venues across the United States (the “Track Owners”), appeal the district court’s dismissal of their action for trademark infringement. Because Plaintiffs- failed to adequately plead that Defendants’ use of Plaintiffs’ trademarks was likely to cause consumer confusion, we AFFIRM.

I. Background

In 2010, the Kentucky Horse Racing Commission amended its regulations to permit gambling on historical horse races. 1 The regulations require that, after bets are placed, “the terminal shall display a video replay of the race, or a portion…