Delaware Court Denies Sony Subsidiary Summary Judgment in Cinemavault Trademark Dispute

"The court found a genuine dispute of material fact as to whether Cinemavault 'achieved sufficient market penetration to constitute continuous use under the Lanham Act.' This factual dispute prevented summary judgment and requires the case to proceed to trial where a jury can evaluate the evidence regarding actual use and market presence."

"Gameshow Network, a subsidiary of Sony Pictures Television, began offering free ad-supported streaming television channels under the trademark 'Cinevault' in February 2021. Cinemavault alleged that Gameshow Network's Cinevault trademark infringed upon its own Cinemavault trademark, initiating the unfair competition and trademark infringement lawsuit."

"Judge Joel H. Slomsky rejected Gameshow Network's arguments that Cinemavault failed to continuously use its trademark, that Cinemavault was judicially estopped from bringing a likelihood of confusion claim, and that the relevant factors precluded Cinemavault from establishing likelihood of confusion between the two marks at issue."

The U.S. District Court for the District of Delaware denied Gameshow Network's motion for summary judgment in a trademark infringement case brought by Cinemavault, Inc. Judge Joel H. Slomsky rejected arguments that Cinemavault failed to continuously use its trademark, was judicially estopped from claiming likelihood of confusion, and that relevant factors precluded establishing confusion between the marks. Cinemavault, organized in 2014, acquires and streams feature films. Gameshow Network, a Sony Pictures Television subsidiary, launched free ad-supported streaming channels under the "Cinevault" trademark in February 2021. Cinemavault alleged trademark infringement, claiming Gameshow Network's mark infringed its "Cinemavault" trademark. Gameshow Network argued Cinemavault lacked senior trademark rights due to insufficient continuous use prior to November 20, 2020, when Gameshow Network filed its intent-to-use application with the USPTO.

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