| 25-753 |
Zioness Movement, Inc. v. The Lawfare Project, Inc. |
Second Circuit |
2025-12-29 |
Pending |
|
consumer-confusion intellectual-property lanham-act legal-standing source-identification trademark-ownership |
1. Whether, under the Lanham Act, a court or jury may find joint ownership of a trademark between competing entities—neither of which pleaded or prove… |
| 24-953 |
Lerner and Rowe PC, an Arizona Corporation v. Brown Engstrand & Shely LLC, dba Accident Law Group, an Arizona Corporation, et al. |
Ninth Circuit |
2025-03-05 |
Denied |
|
circuit-split consumer-confusion intellectual-property lanham-act likelihood-of-confusion trademark-infringement |
1. Whether the Ninth Circuit has created conflicts with the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Tenth, and Eleventh Circuits … |
| 23-194 |
Trendily Furniture, LLC, et al. v. Jason Scott Collection, Inc. |
Ninth Circuit |
2023-08-31 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
consumer-confusion intentional-copying lanham-act pass-off product-design secondary-meaning trade-dress |
Whether, and to what extent, a competitor's intentional copying alone—without any intent to confuse consumers or pass off its products as the plaintif… |
| 23-67 |
Springboards to Education, Inc. v. McAllen Independent School District |
Fifth Circuit |
2023-07-25 |
Denied |
Response Waived |
anderson-v-liberty-lobby circuit-split consumer-confusion consumer-definition fact-intensive-inquiry legal-standard likelihood-of-confusion matsushita-v-zenith summary-judgment trademark-infringement |
Whether the case met the standard to dismiss on summary judgment |
| 23-68 |
Springboards to Education, Inc. v. Mission Independent School District |
Fifth Circuit |
2023-07-25 |
Denied |
Response Waived |
appellate-review circuit-split civil-procedure consumer-confusion fact-intensive-inquiry legal-standard standard-of-review summary-judgment trademark trademark-law |
whether-the-case-met-the-standard-to-dismiss-on-summary-judgment |
| 23-15 |
Springboards to Education, Inc. v. IDEA Public Schools |
Fifth Circuit |
2023-07-05 |
Denied |
Response Waived |
appellate-review circuit-split civil-procedure consumer-confusion legal-standard legal-standards summary-judgment trademark-infringement |
Whether the legal reasoning used to evaluate the trademark-infringement issue was subjective, incomplete, and failed to address the record and the leg… |
| 22-1249 |
Foremost Title & Escrow Services, LLC v. FCOA, LLC |
Eleventh Circuit |
2023-06-29 |
Denied |
|
burden-of-proof circuit-split consumer-confusion incontestable incontestable-mark lanham-act presumption trademark trademark-law |
Whether the Eleventh Circuit is correct to relieve an incontestable trademark-holder of its burden to prove that its mark is strong and likely to be c… |
| 22-316 |
Lodestar Anstalt v. Bacardi & Company Limited, et al. |
Ninth Circuit |
2022-10-04 |
Denied |
Response Waived |
consumer-confusion lanham-act likelihood-of-confusion section-45 trademark-enforcement trademark-infringement unfair-competition use-in-commerce |
Whether a plaintiff in a trademark enforcement action must prove that each use of its mark meets Section 45 of the Lanham Act's 'use in commerce' defi… |
| 21-1264 |
Larry Klayman v. Judicial Watch, Inc., et al. |
District of Columbia |
2022-03-18 |
Denied |
Response Waived |
circuit-split consumer-confusion hearsay-evidence lanham-act likelihood-of-confusion non-disparagement precedent trademark-infringement trademark-law |
Did the US. Court of Appeals for the District of Columbia Circuit err by failing to apply the 'appreciable number of consumers' standard to the 'likel… |
| 21-212 |
Dires, LLC, dba Personal Touch Beds and Personal Comfort Beds, et al. v. Select Comfort Corporation, et al. |
Eighth Circuit |
2021-08-13 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split consumer-confusion initial-interest-confusion internet-trademark-law likelihood-of-confusion online-advertising search-engine-results search-engines trademark-infringement |
Whether courts can impose liability for a likelihood of consumer confusion in a trademark infringement action based on a consumer's initial interest i… |
| 20-1391 |
Sportswear, Inc., dba Prep Sportswear v. Savannah College of Art and Design, Inc. |
Eleventh Circuit |
2021-04-05 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split consumer-confusion federal-registration intellectual-property related-goods service-mark trademark-infringement unrelated-goods |
Does the scope of a service mark extend to unrelated goods bearing that service mark? |