CROSS COMMERCE MEDIA, INC. v. COLLECTIVE, INC.

Docket No. 15-782, August Term, 2015.

841 F.3d 155 (2016)

CROSS COMMERCE MEDIA, INC., Plaintiff-Counter-Defendant-Appellee, v. COLLECTIVE, INC., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 7, 2016.


Attorney(s) appearing for the Case

Mark G. Matuschak ( Vinita Ferrera and Martin E. Gilmore , on the brief), Wilmer Cutler Pickering Hale and Dorr, LLP, Boston, MA and New York, NY, for Defendant-Counter-Claimant-Appellant.

James M. Bollinger ( Timothy P. Heaton , Puja Patel Lea , and Lindsay Mitchell Henner , on the brief), Troutman Sanders LLP, New York, NY and Atlanta, Georgia; J. Mark Lane and Sharon M. Sash , on the brief, Lane Sash & Larrabee LLP, White Plains, NY, for Plaintiff-Counter-Defendant-Appellee.

Before: Kearse, Pooler, and Sack, Circuit Judges.


This appeal arises from a dispute between software companies over several trademarks containing the word "collective." Appellant Collective, Inc. ("CI"), defendant and counter-claimant in the district court, owns the registered marks "Collective Network," "Collective Video," and "C Collective The Audience Engine," a stylized...

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