First Circuit affirmed denial of injunction, noting that confusion due to proximity of businesses and both trading off of the same historical legend “is not the type of confusion that trademark owners may prevent.”
The First Circuit Court of Appeals in Boston has affirmed the denial of injunctive relief sought by the owner of a bed and breakfast operated out of the home where Lizzie Borden was alleged to have killed her parents, agreeing with a federal district court that the owner did not establish a likelihood of succeeding on trademark infringement claims brought against a neighboring coffee shop that also was trading on the Lizzie Borden legend. The appellate court affirmed the axing of U.S. Ghost Adventures, LLC’s (“USGA”) request for preliminary injunctive relief against Miss Lizzie’s Coffee, agreeing with the district court that the latter actions are not likely to cause consumer confusion (US Ghost Adventures, LLC v. Miss Lizzie’s Coffee LLC, No. 23-2000 (1st Cir. Nov. 15, 2024)).
Case date: 15 November 2024
Case number: No. 23-2000
Court: United States Court of Appeals, First Circuit
A full summary of this case has been published on Kluwer IP Law
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