· 5/2/1980
Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.
Citations
- 615 F.2d 252
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there is minimal similarity between a company that sells pizza and a company that manufactures sugar, salt, mustard, ketchup and other condiments
- holding that there was no evidence of intent because even though the junior user was aware of Domino sugar, he was simply shortening the prior name of the restaurant
- holding that widespread use of DOMINO across many industries weighed against mark strength
- holding that the mark “Domino,” while it may be arbitrary, was not coined or fanciful and thus was entitled to less protection
- holding that company that sold pizza did not sell similar products as seller of sugar; the only similarity was that sugar and pizza were both edible
- noting that the “substantial dissimilarities between the predominant purchasers of plaintiff’s and defendant’s products” lessen the possibility of confusion
Source: CourtListener parenthetical corpus (CC0).
Judges: Ainsworth, Henderson, Hunter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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