Jenzabar, Inc. v. Long Bow Group, Inc.

I respectfully dissent. The Lanham Act, 15 U.S.C. §§ 1114(l)(a) and 1125(a)(1)(A) (2006), prohibits Long Bow Group, Inc. (Long Bow), from using the trademark of Jenzabar, Inc. (Jenzabar), in a way that is likely to confuse Internet users to believe that the Long Bow Web site is somehow connected to, or affiliated with, Jenzabar — which it is not. This confusion, suggesting a nonexisting affiliation with Jenza-bar, is crafted through a “negative” omission of an identifying Long Bow title and a “positive” singular reference to the trade name Jenzabar. The trade name Jenzabar is thus embedded…