Iberia Foods Corp. v. Rolando Romeo, Jr. D/B/A Rol-Rom Foods Rolando Romeo, Jr., T/a Rol-Rom Foods

How courts have described this case

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

• stating that “quality control” is “not a talisman the mere utterance of which entitles the trademark owner to judgment”
• explaining that where goods are marketed 4 under “identical marks but are materially different . . . the alleged infringer’s goods are considered 5 ‘non-genuine’ and the sale of the goods constitutes infringement” (citation modified)
• explaining that, under the first sale doctrine, “a trademark owner’s authorized initial sale of its product into the stream of commerce extinguishes the trademark owner’s rights to maintain control over who buys, sells, and uses the product in its authorized form”
• “‘quality control’ is not a talisman the mere utterance of which entitles the trademark owner to judgment”
• “Any differences that are likely to damage the goodwill developed by the trademark owner can be deemed material.”
• The test for whether an alleged infringer's products are genuine asks whether there are “material differences” between the products sold by the trademark owner and those sold by the alleged infringer.

Source: CourtListener parenthetical corpus (CC0).