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Federal Courts -
2nd Circuit Court of Appeals - September 6, 2007
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24 Hour Fitness USA, Inc. v. 24/7 Tribeca Fitness, LLC, No. 06-4183-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 6, 2007, Decided
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Overview: In infringement action between fitness centers, plaintiff's trademark claim failed because marks operated in different markets, plaintiff's mark was not strong in relevant consumer market, there was little evidence of actual confusion, consumers purchasing fitness club memberships were fairly sophisticated, and there was no evidence of bad faith.
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