This section contains the nature of the case and procedural background.

P produces and sells promotional products. It has used the registered trademarks 'All-in-One' and 'The Write Choice' since 1999 and 2000. D acquired Norwood, a promotional products company, and in 2010 Norwood published a promotional products catalog. It featured the phrase 'All-in-One' on the cover of and in the catalog. D also used the phrase 'The WRITE Pen Choice for 30 Years' in advertising and packaging for its pens, in connection with its thirtieth-anniversary promotion. P sued Ds for infringement. After discovery, both parties filed cross-motions for summary judgment. The district court granted summary judgment for Ds, holding that there was 'some likelihood of confusion and therefore the potential for trademark infringement liability,' but that further analysis of likelihood of confusion was unnecessary because fair use provided Ds a complete defense to allegations of infringement of both the 'All-in-One' and 'The Write Choice' trademarks. D appealed.

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