· 11/25/1992
Sands, Taylor & Wood Company v. The Quaker Oats Company
Citations
- 978 F.2d 947
- 1992 WL 210733
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the defendant’s use of the plaintiffs mark to market a similar isotonic beverage was likely to cause confusion
- stating that intent is relevant only if the defendant intended to palm off its goods as those of the plaintiff
- holding that courts can infer bad faith when “the senior user’s trademark is so well-known” and the junior user chooses “a confusingly similar mark, out of the infinite number of marks in the world”
- stating that the “transfer of a mark need not be accompanied by the transfer of any physical or tangible assets in order to be valid”
- noting that a junior using a well- known mark, out of an infinite number of marks, supports an inference of bad faith
- stating that intent to trade on a good will or reputation \is necessarily absent in a reverse confusion case\
Source: CourtListener parenthetical corpus (CC0).
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.