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not tay ber own

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"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.

In Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F.Supp. 66, the court stated:

The touchstone of an action for trademark infringement and unfair competition is whether the use of the trademark is likely to cause confusion. VMG Enters., Inc. v. F. Quesada & Franco, Inc., 788 F.Supp. 648, 660 (D.P.R.1992). The evidence presented indicates that the items manufactured for La Infantil from the Precious Moments fabric come with a notice identifying "PMI, Inc." [sic] as the owner of the art and design and "T.M. Sewing Service" presumably as the manufacturer of the bedding, although it does not specify. While La Infantil has not made any false representations, and indeed appears to have attempted to identify the sources of the products accurately, the Court finds that the notice is inadequate to prevent potential confusion as to Precious Moments' sponsorship (or lack thereof) of the products. In addition to being plainly visible to the purchaser, the notice should specify that, apart from the fabric, the items manufactured by T.M. Sewing Service for La Infantil are not in any way connected to Precious Moments, Inc. See C.M. Paula Co. v. L. Gene Logan, 355 F.Supp. 189, 193 (N.D.Tex. 1973); Scarves by Vera, Inc. v. American Handbags, Inc., 188 F.Supp. 255, 258 (S.D.N.Y.1960); cf. Caterpillar, Inc. v. Nationwide Equip., 877 F.Supp. 611 (M.D.Fla.1994).

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