is a Litigation Associate at Fenwick & West. focuses her practice on a broad variety of litigation matters to support clients in the high technology and life sciences industries. She regularly handles privacy and data security lawsuits and investigations and defends companies in consumer class actions involving claims of privacy, unfair competition, and fraud. She also advises consumer-facing Internet companies in developing privacy programs and practices, and in responding to regulatory agency requests for consumer data. Angel has represented clients in software, hardware and digital media industries.
For more information or to contact Angel, please visit her Firm Profile Page.
The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9th Cir. July 7, 2017). The court relieved plaintiffs from having to specifically plead reverse confusion if it is compatible with the theory of infringement alleged in the complaint, and supported a more malleable standard for proving intent in reverse confusion cases. The court also held that good faith is an element—not just a factor—of a fair use defense, and that the fair use defense may only be raised after a likelihood of confusion is established. Marketquest further reinforces courts’ reluctance to decide trademark cases on summary judgment, and makes it more difficult for defendants to dispose of reverse confusion claims through pretrial motions.