Upholding injunction against commercial slogan on ground that slogan created a likelihood of confusion and is therefore "beyond the protective reach of the First Amendment"
Holding that the district court's finding of "actual confusion" was improper where "the relatively small number of calls presented by Nautilus renders this evidence too unreliable"
Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services
Stating that the term privity "is simply a shorthand way of saying that nonparty [i.e. , a party not named in a prior action] will be bound by the judgment in that action"
Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes
Fed. R. Civ. P. 15 Cited 96,382 times 95 Legal Analyses
Finding that, per N.Y. C.P.L.R. ยง 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint