Alerts

Court's Ruling Denying Trademark Challenge Has Implications for Hedge Fund Industry

June 19, 2006

In a decision issued on June 7, 2006 in Omicron Capital LLC v. Omicron Capital LLC, the United States District Court for the Southern District of New York denied a permanent injunction sought by a New York hedge fund against a commercial lending broker's use of the same mark, "Omicron Capital," and granted summary judgment in favor of the broker. Central to the ruling was the court’s determination that hedge fund consumers are sophisticated investors who would not be confused by a similar trademark used to provide brokerage services.