Legal Opinion
The New Kayak Pool Corporation v. R&p Pools, Inc., Doing Business as Island Pools, Richard A. Gerspach and Paul J. Gerspach
Court of Appeals for the Second Circuit
Decided April 10, 2001No. Docket 00-9077PublishedCited by 31 opinions
1Opinion of the Court
OAKES, Senior Circuit Judge:
The New Kayak Pool Corporation (“Kayak”) moved for a preliminary injunction against R & P Pools, Inc. and two individual defendants (collectively “Island Pools”), alleging trademark infringement. The United States District Court for the Western District of New York, John T. Elfvin, Judge, denied the motion based on its conclusion that Kayak had failed to demonstrate the necessary likelihood of confusion arising from Island Pools’s conduct. Because we find that the district court did not analyze the likelihood of confusion in this case under the test set forth in…
2Cases cited6 opinions
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Arrow Fastener Co., Inc. v. The Stanley WorksCourt of Appeals for the Second Circuit · 1995
- Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
- Hasbro, Inc. v. Lanard Toys, Ltd.Court of Appeals for the Second Circuit · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Huminski v. CorsonesCourt of Appeals for the Second Circuit · 2005
- Huminski v. CorsonesCourt of Appeals for the Second Circuit · 2004
- Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLCDistrict Court, S.D. New York · 2011
- Souza v. Exotic Island Enterprises, Inc.Court of Appeals for the Second Circuit · 2023
- Huminski v. CorsonesCourt of Appeals for the Second Circuit · 2004
26 more not listed; retrieve them via the Exa API.