MY NOTES: Business Organizations | Constitutional Law I | Copyright Law | Evidence | Wills and Trusts

W.W.W. Pharmaceutical Co. v. The Gillette Co., 984 F.2d 567 (1993) p.480

FACTS

Senior mark is "sportstick for lip balm" v. Sport Stick for deodorant. D also used the words "Right Guard" on the product.

ISSUE

Is the way the parties are using the mark likely to cause likelihood of confusion?

RATIONAL

Court sayeth that there is no liklihood of confusions since lip balm product not ver sucessful, different products, different use of the words. Also the fact that D used word Right Guard on product helped avoid confusions since Right Guard is well known to be part of D.

Places where lip balm and deodorant is sold in a store is usually different so also less likelihood of confusion.

Created on: Tuesday, March 07, 2000 at 18:45:40 (PST)


Copyright © Thompson Resources, 2000, all rights reserved.