CIRCUITS CONFUSED ABOUT TRADEMARK 'INITIAL-INTEREST CONFUSION,' CERT. PETITION SAYS

摘要

The U.S. Supreme Court has been asked to resolve a trademark dispute between mattress retailers involving an apparent circuit split over "initial-interest confusion," a trademark theory some say is out of touch with how online search engines operate. Dires LLC et al. v. Select Comfort Corp. et al., No. 21-212, petition for cert, filed, 2021 WL 3617971 (U.S. August 11, 2021). Select Comfort Corp. should not win its trademark claims against fellow adjustable air mattress retailer Dires LLC without consideration of the sophistication of those making final purchases, the August 11 cer-tiorari petition says. Dires' petition says the Eighth U.S. Circuit Court of Appeals erred when it adopted the initial-interest confusion doctrine in the context of internet search engine results. Select Comfort Corporation v. Baxter, 996 F.3d 925 (8th Cir. 2021).