Home -> Law Blog Directory -> Intellectual Property Law Blogs -> IP Law Observer
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Intellectual Property Law
: IP Law ObserverNo Need To Engage In Likelihood Of Confusion Analysis Where Consumers Could Not Be Confused About A Product's Origin
The One Sentence Summary: A picture is worth a thousand words: here, one glance is enough to decide that there is no probability of confusion.
The Seventh Circuit Court of Appeals affirmed the district court's grant of summary judgment for North Atlantic, finding that "[i]t is next to impossible to believe that any consumer, however careless, would confuse these products." Under the circumstances, there is no need to analyze the "likelihood of confusion" factors because they are mere proxies for determining whether there is confusion. "If we know for sure that consumers are not confused about a product's origin, there is no need to consult even a single proxy." Here is my favorite passage: "the word 'top' is too common, and too widely used to refer to the lids of packages - as well as parts of clothing ensembles, masts of ships, summits of mountains, bundles of wool used in spinning, half-innings of baseball, positions in appellate litigation (the top-side brief), and flavors of quark - to be appropriated by a single firm." In other words, please don't waste our time in the future.
Top Tobacco sued its competitor, North Atlantic Operating Company ("North Atlantic"), because North Atlantic re-designed its competing product with a label that included the phrase "Fresh-Top Canister." Top Tobacco claimed that North Atlantic could not use the word "top" as a trademark.
Full post as published by IP Law Observer on December 13, 2007 (boomark / email).
Bausch Lomb Renu Moistureloc Linked to Eye Infection Fusarium Keratiti
Contact Lens Solution Product Recall
Bausch Lomb Renu Moistureloc Recall
Contact Lens Solution Product Recall
DirecTV
alleging a cancellation fee that is improperly or insufficiently disclosed to consumers.
Antitrust
Price Fixing Could Cost Consumers up to $300 Billion Annually
Ethex Corporation Product Recall
Gourmet Chicken Sausage Product
Recalled due to Mislabeling for Allergen
Adams Extract & Spice
Recalls Product due to Possible Salmonella Contamination
Chantix Suicide
alleging the smoking cessation product is linked to increased suicidal behaviors.

Seventh Circuit: Several likelihood of confusion factors favored plaintiff, no summary judgment
Once Again — Why Do Lawyers Need Editors
Trademark Infringement: Likelihood of Confusion in the Internet
A Concise Guide to Likelihood of Confusion









