Trovan Ltd. v. Pfizer Inc.

MEMORANDUM **

Trovan, a company primarily involved in producing electronic tracking devices, sued Pfizer for marketing an antibiotic under the name Trovan. The district court granted summary judgment in favor of Pfizer on the ground that because the two product lines were wholly unrelated, there is no likelihood of consumer confusion. As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. Assessing the factors identified by AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir.1979), we agree with the district court’s conclusion that consumer confusion was unlikely as a matter of law and therefore affirm its judgment.

The order granting summary judgment is reviewed de novo. United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir. 2003). Summary judgment may be affirmed on any ground supported by the record. Simo v. Union of Needletrades, 322 F.3d 602 , 610 (9th Cir.2003). Whether there is a likelihood of confusion is subject to de novo review. Dreamwerks Prod. Group v. SKG Studio, 142 F.3d 1127, 1129 (9th Cir.1998).

*790 In assessing the likelihood of confusion in reverse confusion cases, the question to be asked…