Summary Judgment ‘Disfavored’ for Resolving Fair Use Trademark Defense

Sarah Bro wrote this bylined article on Marketquest Group, Inc. v. BIC Corp, in which the Ninth Circuit reversed a district court grant of summary judgment in favor of a promotional products company and remanded the case for reconsideration of the lower court’s finding that the company’s use of a competitor’s trademarks was wholly protected by the fair use defense.