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.