Christopher Jackson, Kenzie Rakes, and John Kivus successfully obtained summary judgment in a trademark infringement case in the Western District of North Carolina. The order means the Court has dismissed all claims against our clients with prejudice, effectively ending this litigation in our client’s favor.
The Court’s 33-page order thoroughly analyzed the trademark dispute between BLUE SKY MD, a weight loss and hormone therapy clinic, and our client, PARDEE BLUEMD, a primary care provider network that is part of the Pardee Hospital system. The Court found that while the plaintiffs owned a valid trademark, they failed to demonstrate a likelihood of confusion between the marks – the central element required for trademark infringement. Chief Judge Martin Reidinger thoroughly evaluated the relevant factors, concluding that the BLUE SKY MD mark was relatively weak, the marks were dissimilar in appearance and context, and there was insufficient evidence of actual consumer confusion.
Particularly notable was the Court’s analysis of the evidence of alleged confusion. The Court determined that most of the plaintiffs’ evidence consisted of inadmissible hearsay or reflected only de minimis confusion that was quickly dispelled. The Court emphasized that the parties’ services differed significantly – with BLUE SKY MD primarily offering weight loss and hormone therapy while PARDEE BLUEMD provided comprehensive primary care as part of a nonprofit hospital system.
Winning on summary judgment in trademark cases is relatively rare for defendants. The stringent multi-factor test for trademark infringement typically creates factual issues that courts prefer to resolve at trial, making the victory for our clients at this stage particularly significant. We are extremely pleased by this result for our clients.
