Affliction Holdings LLC v. Utah Vap or Smoke, LLC, 935 F.3d 1112 (10th Cir. 2019)

Affliction Holdings, LLC (“Affliction”) sued Utah Vap or Smoke, LLC (“Utah Vap”) alleging trademark infringement. The district court granted Utah Vap’s motion for summary judgment, holding there was no likelihood of confusion between the parties’ marks. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse.