In Re Spirits International, N.V.

How courts have described this case

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

• holding that the test for materiality incorporates a requirement that a “significant portion of the relevant consumers be deceived”
• holding that the test for materiality incorporates a requirement that a “significant portion of the relevant consumers be deceived”
• finding that the materiality test of Section 2(e)(3) embodies a requirement that a \substantial portion\ of the relevant consumers is likely to be deceived
• adding requirement that a substantial portion of the relevant consuming public be deceived
• “Generally, figures in the range of 25% to 50% have been viewed as solid support for a finding of a likelihood of confusion”
• “In Palm Bay, we noted that the doctrine of foreign equivalents applies only in those situations where the ordinary American consumer would stop and translate the mark into English … .”

Source: CourtListener parenthetical corpus (CC0).