Once Trademark Owner Has Shown Protectable Interest In A Mark, It Does Not Have To Show Defendant's Allegedly Confusing Use Involves Same Goods Or Services As Listed In The Registration

摘要

In Applied Information Sciences Corp. v. eBay, Inc.,__ F.3d__, 2007 WL 4553999 (9th Cir. Dec. 28, 2007), the Ninth Circuit Court of Appeals had occasion to "clarify what an owner of a federally registered trademark needs to establish in order to mount an infringement action against a user of the trademarked name on goods or services that are not the same as those specified in the owner's trademark registration." Applied Information Sciences, 2007 WL 4553999 at *1. Applied Information Sciences Corp. (AIS) owns a registered trademark for the term "SmartSearch" in connection with certain computer search functions.