Opinion · Supreme Court of the United States

Kraft, Inc. v. AmBrit, Inc.

481 U.S. 1041

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1987-05-04
Topic
general

How later courts describe this case

  • implying that delay of less than two years would not constitute laches
  • rejecting de novo review, adhering to “clear error” for review of finding of similarity in trade dress infringement
  • "The precise scope of the category of claims to which the Cuyler standard applies has not been definitively stated by the Supreme Court"
  • “That Kraft in fact used the mark in 1980 does not mean that Kraft intended to use mark in 1978.”
  • Four examples of consumer confusion sufficient to create a fact dispute regarding actual confusion and “[ajctual consumer confusion is the best evidence of likelihood of confusion.”
  • "it takes very little evidence to establish the existence of the actual confusion factor"
  • “Klondike” and “Polar B’ar” brand ice cream bars
  • ambiguous evidence insufficient to establish constitutional malice

Citator

UpLaw has not yet analyzed Kraft, Inc. v. AmBrit, Inc.. The absence of a flag is not a finding that it is good law.

Cited by
102 opinions

C. A. 11th Cir. Certiorari denied.

Justice White took no part in the consideration or decision of this petition.