Relish Labs LLC, et al. v. Grubhub Inc., et al.

In trademark infringement, multiple factors are weighed and balanced against the entire record to determine whether there is a likelihood of confusion. In B & B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. 138, 154 (2015), this Court held that the application of those factors must apply the same statutory legal standard for a likelihood of confusion across all circuits. Some circuit courts review each factor’s analysis for clear error, as well as the final balancing. Other circuits review the final determination de novo. In this case, the district court analyzed only three of the Seventh Circuit’s seven factors. The circuit court found errors in that analysis, added a de novo analysis of a fourth factor, and conducted a de novo balancing, all while finding no clear error in the district court’s determination. The questions presented are:

1. Whether the determination of a likelihood of confusion for trademark infringement is a factual finding, reviewable for clear error, or a legal conclusion, reviewable de novo, or a combination?

2. Whether a court should disclose its analysis of all the factors in a multifactor likelihood of confusion balancing determination for trademark infringement?