Authorities

Rex Real Estate I v. Rex Real Estate Exchange

Rex Real Estate (5th Cir. 2023) weighs evidence of actual confusion.

Citation: Rex Real Estate I, L.P. v. Rex Real Estate Exch., Inc., 80 F.4th 607 (5th Cir. 2023)

Type: Case

Jurisdiction: Federal

Issuing body: U.S. Court of Appeals for the Fifth Circuit

Status: Decided

Court: U.S. Court of Appeals for the Fifth Circuit

Parties: Rex Real Estate I, L.P. v. Rex Real Estate Exchange, Inc.

Proceeding: court decision

Misdirected purchases are the strongest evidence of actual confusion. Inquiries about affiliation and misdirected calls count for less, especially when isolated and set against the parties' total sales, but they are still relevant and can let a case reach a jury.

Sources.

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