Micro-boutique record label denied preliminary injunction - claimed trademark infringement against classical music recording label over use of MEDICI mark. Analysis under each of the Polaroid factors.
Plaintiff Medici Classics Productions LLC (MCP) was created in 2003. After lapse of 2004 registration, its "Medici Classics" trademark was issued on Jan. 2, 2008. Since 2003 MCP sold 494 copies of five CD recordings, and 335 copies of two DVD performances, by its principal for $7,000. Defendant Medici Group produces CDs, DVDs and other media relative to a broad range of classical music by renowned artists. Its "Medici Arts" and "Medici Masters" marked recordings are distributed in the United States by Naxos of America Inc. The court denied MCP a preliminary injunction barring Naxos and Medici Group's alleged infringement of trademark, finding MCP's "Medici Classics" mark weak. Discussing the Polaroid factors, the court found that plaintiff showed little likelihood of confusion. MCP's marks were the weaker due to minimal promotion and sales. The possibility of confusion was further decreased by the sophistication of buyers who were capable of distinguishing between the parties' distinct logos.
[Summary by New York Law Journal]