Actual confusion provides evidence of irreparable harm

Home Comfort Heating and Air Conditioning, Inc. v. Ken Starr, Inc., 2018 WL 3816745, No. 18-cv-00469-JLS-DFM (C.D. Cal. Jul. 24, 2018)Home Comfort Heating & Air Conditioning provides HVAC services in Los Angeles County and the surrounding area; it asserted rights in marks “wholly or partially comprised of the word elements ‘HOME COMFORT,’ ” including “HOME COMFORT SERVICES,” and “HOME COMFORT HEATING AND AIR CONDITIONING.” It had some registrations.  Ken Starr Inc. subsequently began operating an HVAC business under the name “Home Comfort USA” in Southern California, including Los Angeles County and the surrounding area.Notable findings: The court found strong evidence of confusion from negative online reviews, including one negative Yelp review, and oral complaints with regard to products and services that were supplied by KSI. In the prior year, Home Comfort received five attempts by customers seeking to…

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