Munsingwear v. Jockey International, 39 F.3d 1184 (468) p.1994
FACTS
D copied horizontal fly in men's underwear. This is tradedress of product.
RATIONAL
No likelihood of confusion because there is no substantial similarity between the two products, and there is no intent to pass off. The two products are not similiar in their pre-sale condition and no attempt to pass of as P's product.
Not confusion in post sale because no one is likely to see the shorts.
NOTES
If they had a design patent things would be different. More of a case.
Created on: Tuesday, March 07, 2000 at 18:09:34 (PST)