Jennifer Gaeta | Bloomberg Law Kinbook, LLC v. Microsoft, Corp., No. 10-CV-04828, 2012 BL 15872 (E.D. Pa. Jan. 24, 2012) Plaintiff Kinbook, LLC, is an online software company that instituted an action against Microsoft Corp. for unfair competition and reverse confusion in connection with its launch of the KINECT for XBOX 360 product and KIN phone. The U.S. District Court for the Eastern District of Pennsylvania granted summary judgment in Microsoft's favor, finding no likelihood of confusion with Kinbook's registered KINBOX and MUNKINBOX marks.
Microsoft's KINECT and KIN Marks
Kinbook's KINBOX and MUNCHKINBOX Application
KINECT's Effect on KINBOX
Court Finds No Likelihood of Confusion
(1) the degree of similarity between the owner’s mark and the alleged infringing mark; (2) the strength of the owner’s mark; (3) the price of the goods and other factors indicative of the care and attention expected of consumers when making a purchase; (4) the length of time the defendant has used the mark without evidence of actual confusion arising; (5) the intent of the defendant in adopting the mark; (6) the evidence of actual confusion; (7) whether the goods, though not competing, are marketed through the same channels of trade and advertised through the same media; (8) the extent to which the targets of the parties’ sales efforts are the same; (9) the relationship of the goods in the minds of consumers because of the similarity of function; and (10) other facts suggesting that the consuming public might expect the prior owner to manufacture a product in the defendant's market, or that he is likely to expand into that market.
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