Tabberone is pronounced tab ber won not tay ber own

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Beacon Mut. Ins. Co. v. OneBeacon Ins. Group, 376 F.3d 8 (1st Cir. 2004) The First Circuit reversed a grant of summary judgment on the grounds that, even though the plaintiff could not prove lost sales, the infringement caused actual confusion among those in a position to influence sales and others, and therefore harmed the plaintiff's goodwill and reputation. The evidence showed that the parties' respective use of the ONEBEACON and BEACON MUTUAL marks for worker compensation insurance services caused misdirected communications among injured workers, health care workers, third party insurers, and attorneys. Such confusion, although not directly resulting in lost sales, was found to be commercially relevant and actionable by the First Circuit.