Today the U.S. Court of Appeals for the Ninth Circuit published a trademark decision in Surfvivor Media, Inc. v. Survivor Productions. Very briefly, a surf & clothing company plaintiff, sued Survivor the TV show for infringement. This appellate decision affirmed summary judgement to Survivor on the grounds that there's no likelihood of confusion between the two marks.

This case, argued in the rugged paradise of Hawaii, marks the second federal trademark action against the Survivor Productions. The first occurred late in 2004 when Survivor the rock band unsuccessfully sued the show for infringement.

Survivor Productions appears to be 2-for-2 in the Litigation Immunity Challenge.

Andrew M. White of White O'Connor Curry & Avanzado LLP, Counsel for Survivor