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· 5/9/2012

Maker's Mark Distillery, Inc. v. Diageo North America, Inc.

Citations

  • 679 F.3d 410
  • 2012 WL 1605755

How courts have described this case

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

  • explaining that a lack of evidence of actual confusion “is rarely significant,” and upholding the district court’s finding that the lack of such evidence was non-determinative
  • explaining that a lack of evidence of actual confusion “is rarely significant,” and upholding the district court’s finding that the lack of such evidence was non-determinative
  • affirming district court’s conclusion that products only somewhat related despite district court’s finding that indeterminate number of defendants customers likely patronize plaintiff given drinkers’ habits
  • noting, respectively, that purchasers of $3,000 guitars and $100 bottles of tequila likely exercise a high degree of care
  • finding a likelihood of confusion where four Frisch factors favored the plaintiff, one factor favored the alleged infringing party, and the other three factors were neutral
  • highlighting what the most important factors are in a likelihood of confusion analysis

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Moore, Cook

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.