Summary Judgment ‘Disfavored’ for Resolving Fair Use Trademark Defense | McDermott Skip to main content

Summary Judgment ‘Disfavored’ for Resolving Fair Use Trademark Defense

Summary Judgment ‘Disfavored’ for Resolving Fair Use Trademark Defense

Overview


Sarah Bro wrote this bylined article on Marketquest Group, Inc. v. BIC Corp, in which the Ninth Circuit reversed a district court grant of summary judgment in favor of a promotional products company and remanded the case for reconsideration of the lower court’s finding that the company’s use of a competitor’s trademarks was wholly protected by the fair use defense.