· 5/10/1982
Safeway Stores, Incorporated, Cross-Appellee v. Safeway Discount Drugs, Inc., Cross-Appellant
Citations
- 675 F.2d 1160
- 216 U.S.P.Q. (BNA) 599
- 1982 U.S. App. LEXIS 19419
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that two instances of actual confusion were sufficient evidence of actual confusion to be worthy of some consideration
- holding that two instances of actual confusion, “one misdirected dunning letter from a creditor of [defendant] and one customer inquiry at [defendant],” were sufficient evidence of actual confusion to be “worthy of some consideration”
- recognizing that an evaluation of similarity between marks “must be based on the overall effect of the designs, not on individual features”
- finding that two instances of actual confusion were sufficient evidence of actual confusion
- noting that “the people confused are precisely those whose confusion is most significant: a supplier, presumably relatively familiar with an enterprise since he is actually providing it with goods, and a customer, without whom the business would not exist”
- finding that twenty marks containing one of the same words as the plaintiff's mark did \not significantly diminish the strength of the [plaintiff's] mark\ because the other marks were used by \businesses not closely related\ to the plaintiff's business
Source: CourtListener parenthetical corpus (CC0).
Judges: Tuttle, Kravitch, Johnson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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