holding that Commodity Exchange’s proposed “Comex 500 Stock Index” violated the Lanham Act by tending to cause consumers to confuse the Comex 500 Stock Index and the Standard & Poor 500 Index
How later courts described this case
- holding that Commodity Exchange’s proposed “Comex 500 Stock Index” violated the Lanham Act by tending to cause consumers to confuse the Comex 500 Stock Index and the Standard & Poor 500 Index
- noting that “[i]n the preliminary injunction context [of a trademark action], a showing of likelihood of confusion as to source or sponsorship establishes the requisite likelihood of success on the merits as well as risk of irreparable harm”
- suggesting that third-party companies might be free to base contracts on the value of indices without a license from the indices’ owner
- recog.nizing that courts “may go much further both to give or to withhold relief in furtherance of the public interest than where only private interests are involved”
Written by the judges who cited it.
The opinion
WHITMAN KNAPP, District Judge,
sitting by designation (concurring):
I concur in the result for the reasons expressed by Judge Newman.