NVST.Com Inc. v. NVEST, LLP

MEMORANDUM **

NVST appeals the district court’s denial of a preliminary injunction barring appellee Nvest from continuing its use of certain Internet domain names containing the letter string “nvest.” NVST contends that Nvest is using the domain names in violation of a consent agreement between the parties. NVST also believes it will likely prevail on its trademark infringement claim at trial. The district court disagreed, concluding that NVST did not establish its probable ability to prove a likelihood of consumer confusion caused by Nvest’s allegedly infringing activities. The court also determined that NVST was unlikely to prevail on its claim that Nvest breached the consent agreement. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1). We affirm.

FACTUAL BACKGROUND

NVST uses the Internet to market private equity investment opportunities and related products, such as merger and acquisition information and research. NVST owns the United States Service Mark Registration for NVST as well as the registrations for Internet domain names nvst.com and nvest.com.

Nvest comprises a family of mutual fund and other investment services targeting individual consumers as well as…