On Mon, 3 Sep 2012 10:19:57 -0700, Charles Mills wrote: >Two identical tradenames do not necessarily infringe on each other. The test >is the likelihood of customer confusion. Would a mattress buyer be likely to >think IBM was behind a Serta iSeries? Would a computer buyer impute Serta's >reputation to an IBM iSeries? > >The question has gotten tougher in recent years. Fifty years ago you >probably could have called a clothing line Coke or MacDonald's, but now >every company wants their brand known in every line of business. > A line in the sand was drawn here:
Amstar Corp. v. Domino's Pizza Inc., 615 F.2d 252 (5th Cir. 04/08/1980) [1] UNITED STATES COURT OF APPEALS, FIFTH CIRCUIT [2] No. 79-3650 [3] 1980.C05.41966 <http://www.versuslaw.com>; 615 F.2d 252 [4] April 8, 1980 [5] AMSTAR CORPORATION, PLAINTIFF-APPELLEE, v. DOMINO'S PIZZA, INC. AND ATLANTA PIZZA, INC., PIZZA ENTERPRISES, INC. AND PIZZA SERVICES, INC., HANNA CREATIVE ENTERPRISES, INC., DEFENDANTS-APPELLANTS. -- gil ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [email protected] with the message: INFO IBM-MAIN
