Legal Opinion
Century 21 Real Estate Corporation Coldwell Banker Real Estate Corporation Era Franchise Systems, Inc. v. Lendingtree, Inc.
Court of Appeals for the Third Circuit
Decided October 11, 2005No. 03-4700PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
This case presents an opportunity for us to consider the contours of the traditional test for trademark infringement where the defendant asserts the defense of “nominative fair use.” More specifically, we must determine what role likelihood of confusion plays in a trademark infringement case where the defendant claims that its use was nominative and fair.
Appellees, Century 21, Coldwell Banker and ERA (“CCE”) complain that Appellant Lending Tree (“LT”), in the process of marketing its mortgage services, improperly referenced CCE’s trademarked…
2Cases cited34 opinions
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- United States v. W. T. Grant Co.Supreme Court of the United States · 1953
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004
- Iron Arrow Honor Society v. HecklerSupreme Court of the United States · 1983
29 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Tiffany (NJ) Inc. v. eBay Inc.Court of Appeals for the Second Circuit · 2010
- Rosetta Stone Ltd. v. Google, Inc.Court of Appeals for the Fourth Circuit · 2012
- Facenda v. N.F.L. Films, Inc.Court of Appeals for the Third Circuit · 2008
- International Information Systems Security Certification Consortium, Inc. v. Security University, LLCCourt of Appeals for the Second Circuit · 2016
- Buying for the Home, LLC v. Humble Abode, LLCDistrict Court, D. New Jersey · 2006
48 more not listed; retrieve them via the Exa API.