Federal Magistrate Judge Collings has denied the Beer Republic Brewing Company’s request for an injunction against the Central City Brewing Company. Beer Republic contended that Central City’s “RED RACER” mark infringed upon Plaintiff’s “RACER 5” and “RED ROCKET” marks. Judge Collings found that as to Red Rocket, the Plaintiff has not shown similarity of marks, actual confusion, subjective intent, or strength of marks. As to Racer 5, Plaintiff has failed to establish that the marks of confusingly similar, which the Court called a factor of “utmost importance” in a likelihood of confusion analysis.
Judge Collings ruled that the public interest is best served by “fair competition in the marketplace.”
The case is Civil Action No. 10-10118-RBC.