Now in its 27th year, INTA’s Saul Lefkowitz Moot Court Competition (the “Competition”) is the only competition in the United States with a focus on trademark and unfair competition law. This year’s problem relates to the potential for confusion between craft brewpubs and wine bars. Hollywood Hops, a
popular craft brewery that opened a tasting room in Hollywood, Utopia, brought suit against a new wine bar in town which opened under the name Hollywood & Vine. The wine bar objected to the brewpub’s claims of confusion, argued that its use was not infringing because it simply identifies the location of the wine bar which it should be entitled to do, and that plaintiff acquiesced to its use of “Hollywood.” In order to quell the potential confusion, Hollywood Hops sought a preliminary injunction. Following oral argument, the District Court found that the mark Hollywood Hops had acquired distinctiveness and that, after a full review of the likelihood of confusion factors, the balance of the factors weighs in favor of a finding of infringement. However, the injunction was denied by the court on the basis that Hollywood Hops acquiesced to the wine bar's use of “Hollywood” in connection with defendant’s sale of wine. The parties stipulated to the court’s order denying a preliminary injunction as a final order and an appeal has been filed.
Registration for the Competition will open on Tuesday, September 12. For more information about the Competition and all materials related to the competition please visit www.inta.org/lefkowitz.