Tabberone Logo

Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!
"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Jordache Enterprises, Inc. v. Hogg Wyld, 828 F.2d 1482, 1486 (10th Cir. 1987)

In Beer Nuts I, this court observed:

Another factor to be considered in determining whether there is a likelihood of confusion is "the degree of care likely to be exercised by purchasers." Beer Nuts II, 805 F.2d at 925. The district court found that customers are likely to exercise a high degree of care in purchasing clothing that costs between fifteen and sixty dollars. 625 F.Supp. at 53. Appellant says that "[o]ne can just as easily surmise" that a lesser degree of care will be used in selecting a pair of blue jeans. Brief of Appellant at 27. Appellant has offered only a guess, not any evidence of the degree of care that would satisfy its burden of proof. The district court's finding of a high degree of care is not clearly erroneous.

counter for iweb