Valador, Inc. v. HTC Corp.

MEMORANDUM OPINION

T.S. Ellis, III, United States District Judge

At issue in this trademark infringement case is whether plaintiffs expert on the question of likelihood of confusion should be excluded pursuant to Rule 702, Fed. R. Evid., and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). As the matter has been fully briefed, and because oral argument would not aid the decisional process,1 this question is now ripe for resolution.

I

This action arises from defendants’ alleged trademark infringement on plaintiffs registered mark, “VIVE,” which plaintiff…