In Variety Stores Inc v Wal-Mart Stores Inc (Case Nos 17-1503; -1644; -1906 (Fourth Circuit, 24 April 2018)) (Floyd J), the US Court of Appeals for the Fourth Circuit has reversed summary judgment in a trademark infringement dispute over the use of the term 'Backyard' on grills, finding that the district court had erred because there were genuine issues of disputed fact concerning key factors in the 'likelihood of confusion' analysis.

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