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Primepoint, L.L.C. v. Primepay, Inc., Civil No. 06-1551 (D.N.J.)

Flaster/Greenberg served as lead counsel in trial victory on behalf of plaintiff Primepoint LLC, a New Jersey-based provider of payroll processing and HR information services technology. Primepoint alleged trademark infringement by PrimePay, Inc., a national company that also provides payroll services and operates more than 30 offices across the country. In evaluating the alleged infringement, the Court applied the "Lapp factors," a ten-factor test used to determine whether the marks were so similar that there was a likelihood that consumers would confuse one mark for the other. After a bench trial, the Court held that most of the "Lapp factors" weighed in favor of Primepoint. Also, the Court found that since the two parties had used their individual marks for a sufficient amount of time without evidence of consumer confusion arising, it could therefore infer that future consumers will not be confused either. Further, the Court held that the evidence of confusion as presented by PrimePay was "isolated, idiosyncratic and minimal."  

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