Trademarks, Trade Identity, and Unfair Trade Practices: Cases and Materials

abandonment action actual adopted advertising affirmed alleged American appears applied association authority basis become brand cause Circuit claim color commerce Company complaint conduct confusion connection considered constitute consumer containing continued Corp corporation court customers damages deceptive decision defendant defendant's denied descriptive determining distinctive District Court effect entitled established evidence exclusive existence fact false Federal Trade Commission finding follows Food further granted held identity indicate infringement injunction intent interest involved issue Judge judgment L.Ed label limited manufacture mark matter meaning Note opinion origin package particular parties patent person petitioner plaintiff practices present prior proceeding protection provides purchase question reason record registration relief respondent result retail rule S.Ct sell similar sold Standard statute substantial supra term tion Torts trademark unfair competition United violation