United States Third Circuit

In plaintiff's suit for trademark infringement and unfair competition, district court's judgment in favor of the defendant, finding that there was no likelihood of confusion between plaintiff's mark, ForsLean, and defendant's mark, Forsthin, both of which refer to an extract used in weight control products, is reversed as, the district court erred in its finding on the Lapp factors and its ultimate finding on likelihood of confusion. Furthermore, because the undisputed facts weigh heavily in favor of plaintiff so that any reasonable fact finder would find that plaintiff demonstrated a likelihood of confusion, the case is remanded for entry of judgment in favor of plaintiff.

Appellate Information

• Argued 05/13/2009
• Decided 07/09/2010
• Published 07/09/2010

Judges

• ROTH, J.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James H. Hulme, Brian J. McMahon