CENTURY 21 REAL ESTATE CORP. v. LENDINGTREE, INC.

No. 03-4700.

425 F.3d 211 (2005)

CENTURY 21 REAL ESTATE CORPORATION; Coldwell Banker Real Estate Corporation; Era Franchise Systems, Inc. v. LENDINGTREE, INC., Appellant.

United States Court of Appeals, Third Circuit.

October 11, 2005.


Attorney(s) appearing for the Case

Bruce I. Goldstein, Saiber, Schlesinger, Satz & Goldstein, Newark, NJ, Jeffrey A. Conciatori [Argued], Quinn, Emanuel, Urquhart, Oliver & Hedges, New York, NY, for Appellant LendingTree, Inc.

Stephen W. Feingold [Argued], Pitney Hardin, New York, NY, for Appellees Century 21 Real Estate Corporation; Coldwell Banker Real Estate Corporation; Era Franchise Systems, Inc.

Before RENDELL, FISHER, Circuit Judges, and YOHN, District Judge.


FISHER, Circuit Judge, concurring in part and dissenting in part.

OPINION OF THE COURT

RENDELL, Circuit Judge.

This case presents an opportunity for us to consider the contours of the traditional test for trademark infringement where the defendant asserts the defense of "nominative fair use." More specifically, we must determine what role likelihood of confusion plays in a trademark infringement case where the defendant claims that its use was nominative...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases