In re Budge Manufacturing, 857 F.2d 773 (1988) p.263

SUBJECT

consumer confusion/deception

ISSUE

Whether or not the proposed trademark is deceptive.

RULE

1. determine if the term is misdescriptive of the character, quality, function, composition or use of the goods?
2. If so, are the prospective purchasers likely to believe that the misdescription actually describes the goods?
3. If so, is the misdescriptive likely to affect the decision to purchase.

RATIONAL

1. the term is misdescriptive
2. prospective purchasers are likely to believe the misdescription
3. the misdescription is likely to affect the decision to purchase since it is much cheaper than real lamb skin

NOTES

Even though there was advertising saying that the seat covers were not real lamb skin, the court did not take that into account. The court only looks at the trademark on its own.

Created on: Thursday, February 03, 2000 at 18:03:42 (PST)