United States First Circuit

Summary judgment for plaintiff in a trademark infringement case arising out of a dispute between two hotels over the right to use the mark "Meliá" in Puerto Rico is vacated and remanded, where: 1) the judgment would entitle plaintiff, with the exception of the city of Ponce, to exclusive use of the Meliá mark throughout Puerto Rico; and 2) a reasonable factfinder could conclude that the Hotel Meliá and Gran Meliá marks cannot co-exist in Puerto Rico without creating an impermissible likelihood of confusion among reasonable consumers.

Appellate Information

• Decided 08/28/2013
• Published 08/28/2013

Judges

• LIPEZ

Court

• United States First Circuit

Counsel