Boston Duck Tours, LP v. Super Duck Tours, LLC

Although I agree that the preliminary injunction was erroneously issued and must be vacated, I respectfully disagree with the majority’s reasoning in reaching that conclusion. We agree on the basic standard for determining infringement, which requires proof that: (1) the asserted trademark is entitled to Lanham Act protection, and (2) “the allegedly infringing use is likely to result in consumer confusion.” Borinquen Biscuit, 443 F.3d at 116. We agree that “duck tours” is a commonly used phrase that means amphibious sightseeing excursions. We also agree that because “duck tours” is a commonly…