· 8/14/1979
Rjr Foods, Inc. v. White Rock Corp. And White Rock Products Corp.
Citations
- 603 F.2d 1058
- 203 U.S.P.Q. (BNA) 401
- 1979 U.S. App. LEXIS 12496
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming the district court’s reliance on the results of a “consumer study showing a fifteen to twenty percent rate of product confusion”
- affirming finding by Pierce, J., that “the products’ modest cost was not conducive to the exercise of careful selectivity by purchasers”
- “conscious imitation also supports at least a presumption that the similarity will cause customer confusion”
- defendant’s own trade name appeared on can yet the design and colors on can so similar to plaintiff’s product that claim for trade dress infringement upheld
- plaintiff’s case strengthened by evidence of popularity of product over long period of time
- survey indicating 15%-20% level of confusion significant evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Oakes, Van Graafeiland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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