[1] In 1993 Brookfield Communications started selling software that provided customers with a searchable database of entertainment-related information such as listings of actors, directors, upcoming movies, and other related news.

In 1996 Brookfield began selling their MovieBuff product and providing online access to their searchable database from their website.

[1] In 1998 Brookfield learned that West Coast intended to launch a website at moviebuff.com which would contain, among other things, a searchable database of entertainment-related news.

West Coast went ahead with their website plans; Brookfield subsequently filed a complaint alleging trademark infringement and unfair competition in violation of the Lanham Act.

Brookfield then applied for a temporary restraining order that would prevent West Coast from using "MovieBuff" or "moviebuff.com" as its domain name, the name of its online service or in any "buried code or metatags" on their web site.

[1] In their complaint, Brookfield alleged that West Coast's plan to offer an online searchable database of entertainment-related news at the site moviebuff.com would constitute trademark infringement and unfair competition under sections 32 and 43(a) of the Lanham Act, 15 U.S.C.

The court considered the eight factors known commonly as the Sleekcraft factors in determining whether there was a likelihood of confusion: "similarity of the conflicting designations; relatedness or proximity of the two companies' products or services; strength of Brookfield's mark; marketing channels used; degree of care likely to be exercised by purchasers in selecting goods; West Coast's intent in selecting its mark; evidence of actual confusion; and likelihood of expansion in product lines."

[1] Judge Berzon of the Ninth Circuit, in a concurring opinion in Playboy Enterprises, Inc. v. Netscape Communications Corp., asked whether the court wanted "to continue to apply an insupportable rule", referring to Initial Interest Confusion as discussed in Brookfield.