Third Circuit Deciphers Proper Standard For Evidence Of Actionable Confusion

Arrowpoint Capital Corp. v. Arrowpoint Asset Mgmt., LLC

Addressing the standard for actionable confusion, the U.S. Court of Appeals for the Third Circuit reversed the district court's denial of a motion for a preliminary injunction for limiting what constitutes actionable confusion to "actual customer confusion." Arrowpoint Capital Corp. v. Arrowpoint Asset Mgmt., LLC, Case No. 14-3063 (3rd Cir., July 16, 2015) (Jordan, J.).

Arrowpoint Capital provides insurance and investment-related financial services throughout the United States and has been doing business under the Arrowpoint Capital name since 2007. Capital owns six registered trademarks, all of which feature the words "Arrowpoint Capital" or its logo. Arrowpoint Asset Management and its related entities (collectively, AAM), also provide investment-related financial services. AAM first began using the mark "Arrowpoint" in December 2007.