Yale Electric Corp. v. Robertson, 26 F.2d 972 (1928) p.63

SUBJECT

trademark infringement

FACTS

Even if using the mark on noncompeting goods you may be an infringer. If mark is being used on related goods such that a reaonably prudent consumer woudl believe that the other user is using it in a way that is related to you or with your permission, that consumer could be deceived. Which would be harmful to the consumer.

RULE

The law is that is is not necessary to be an infringer that the goods be competative, only necessary that they be so related that there is likelihood of confusion in the eyes of substantial reasonably prudent consumers.

Created on: Thursday, January 13, 2000 at 18:27:28 (PST)