· 11/18/1983
Interpace Corporation v. Lapp, Inc.
Citations
- 721 F.2d 460
- 1983 U.S. App. LEXIS 15153
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the marks “Lapp” and “Lapp Cable” are identical “for all practical purposes” and thus likely to cause confusion
- observing that the plaintiff had “introduced several examples of actual confusion in buyers”
- relying on district court’s finding that while defendant “may have acted innocently, [it] was careless in not conducting a thorough name search for American uses of the name”
- agreeing with district court’s conclusion that defendant’s mark, “Lapp Cable” was confusingly similar to plaintiffs “Lapp” trademark
- establishing the Third Circuit’s non- exhaustive eight-factor test for determining likelihood of confusion, the first of which is mark similarity
- finding plaintiff’s mark to be “a strong one” because plaintiff had used it for over fifty years, and the mark had become “quite distinctive” of the plaintiff's product
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibbons, Hunter, Mansmann
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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