First Brands Corporation v. Fred Meyer, Inc. And Basf Wyandotte Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that for the limited purpose of a preliminary injunction motion, differences in labels alone were sufficient to sustain a finding of no likelihood of confusion
• holding that a showing of likelihood of success is essential for a preliminary injunction
• noting that if there are sufficient differences in the labeling of products, the inquiry into likelihood of confusion can end there
• finding that advertisements featuring a product as a whole do not necessarily produce secondary meaning in a non-functional element of the product’s configuration when the advertisement does not focus on the non-functional element
• “[A]dvertising campaign has not stressed the color and shape of the antifreeze jug so as to support an inference of secondary meaning.”
• “[A]dvertising campaign has not stressed the color and shape of the antifreeze jug so as to support an inference of secondary meaning.”

Source: CourtListener parenthetical corpus (CC0).