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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.