November 02, 2005
Third Circuit Reverses Preliminary Injunction Against Lending Tree
The Third Circuit Court of Appeals recently lifted a preliminary injunction prohibiting Lending Tree from using certain brand names affiliated with Cendant Corporation in marketing its real estate broker network. As reported by one news source, Cendant brands, Century 21, Coldwell Banker and ERA, filed a lawsuit against Lending Tree in June 2003 for trademark infringement alleging that Lending Tree's use of the brand names on its website could lead to consumer confusion about the brands' affiliation with the website or with Lending Tree. See previous blog entries here. The New Jersey federal court enjoined Lending Tree's use of the Cendant marks on its site, but the Third Circuit Court of Appeals remanded with instructions to the lower court to decide whether plaintiffs met their burden of proving a likelihood of confusion and showing that Lending Tree intended the public to believe that the Cendant companies endorsed or supported its products or services.
Posted by franchiselawblog at November 2, 2005 02:21 PM