Ellis George client Ironhawk Technologies has sold its data management software under the SmartSync® trademark since the mid-2000s. When Dropbox introduced a new feature of its own data management software under the name “Smart Sync,” confusion predictably ensued, leading Ironhawk to file a trademark infringement case against Dropbox. On the eve of trial, in October of 2019, the district court granted Dropbox’s motion for summary judgment, holding that a reasonable trier of fact could not find that Dropbox’s use of “Smart Sync” created a likelihood of confusion.
On April 20, 2021, the Ninth Circuit reversed the district court’s ruling in its entirety, holding that evidence was presented upon which a reasonable trier of fact could find that Dropbox’s use of “Smart Sync” overwhelmed Ironhawk’s SmartSync® in the marketplace, thus causing reverse confusion. The Ninth Circuit further explained that the district court erred in its application of several of the relevantSleekcraft factors in reaching a contrary conclusion, in a published decision now available at 994 F.3d 1107. The Ninth Circuit remanded the case for trial.
Ironhawk Technologies is represented by Ellis George attorneys Keith J. Wesley, Matthew L. Venezia, and Lori Sambol Brody, and co-counsel Alex Kozinski.
