Vitarroz Corp. v. Borden, Inc., 644 F.2d 960 (1981) p.429

SUBJECT

likelihood of confusion

FACTS

Competing cracker companies using similiar trademark.

ISSUE

Has there been infringement on trademark. Whether Vitarros had demonstrated a likelihood that as, the result of Borden's use of the name BRAVOS, "an appreciable number of ordinarily prudent purchasers are likely to be misled, or indeed, simply confused as to the source of the goods in question."

HOLDING

The denial of Vitarroz's request for an injuncion was proper.

RATIONAL

When a junior user has affixed a senior user's mark to substantially identical products directed at the same market and sold through the sam outlets, we have found a likelihood of confusion as a matter of law.

Created on: Thursday, February 24, 2000 at 18:19:43 (PST)