Morrison alleged that the POKEMON trade-mark caused reverse confusion with its MONSTER IN MY POCKET mark, and applied for summary judgment. That application was dismissed, and the U.S. Court of Appeal upheld the dismissal. The court held that the marks were significantly different in sight and sound and that a reasonable consumer in the marketplace would not be confused as to the source of the two products. The court noted that Morrison presented no evidence of actual confusion. In particular, Morrison did not conduct a survey to contest a survey undertaken by Nintendo that demonstrated no likelihood of confusion between the two products.
Morrison Entertainment Group, Inc. v. Nintendo of America, Inc.,
2003 U.S. App. LEXIS 1957