whether-the-case-met-the-standard-to-dismiss-on-summary-judgment

QUESTIONS PRESENTED 1. Whether the case met the standard to dismiss on summary judgment because no reasonable jury could return a verdict in favor of the non-moving party, and the Fifth Circuit viewed all factual inferences in the light most favorable to the nonmoving party, as established by Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986) and Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, 587 (1986). Considering specifically in trademark cases the “fact-intensive inquiries cannot be conducted properly without a trial. The district court's (summary judgment dismissal was) ... reversed” by the Fifth Circuit. Society of Financial Examiners v. National Ass'n of Certified Fraud Examiners Inc., 41 F.3d 223, 224 (5th Cir. 1995). 2. Whether the Fifth Circuit used the incorrect legal standard for a consumer, which was overly narrow and inconsistent with judgments from other circuits. See Springboards to Educ., Inc. v. McAllen Indep. Sch. Dist., No. 21-40333, (5th Cir. March 8, 2023) at 17. In six other circuits, case law does not limit the definition of a consumer to whom the likelihood of confusion analysis is applied although two circuits have misapplied limiting language in opinions, as detailed in the petition.