Basile v. Francesco Basile, 899 F.2d 35 (1990) p.535

FACTS

Both parties want to use their surnames as the trademark for their product. Defendant trying to use his own surname.

RATIONAL

In modern era not as easy to use your own surname. Using surnames there is a likelihood of causing mistake, deception, confusion in consumers. Therefore it is no longer an absolute right. Here you not the trial court said to D that you can use your surname as long as you take these proceedures that we believe will be sufficient to avoid confusion in the market place. But, here the court said this is not sufficient to protect the consumer.

NOTES

The court rationalises this by saying that even though you cannot use your surname, we are not hurting you at all since you can come in and compete in the marketplace by just using a different trademark. If you use the same name it is an inference that you are trying to take advantage of plaintiff.

Created on: Tuesday, March 14, 2000 at 17:39:27 (PST)