PLAINTIFF: Car-Freshner Corporation sells air fresheners for cars in the shape of a pine tree.

DEFENDANT : S.C. Johnson & Son, Inc., sells air fresheners under the trademark name "Glade."

During the Christmas holiday season, Johnson sells a pine-tree-shaped, plug-in air freshener called "Holiday Pine Potpourri" under its Glade Plug-Ins trademark. Car-Freshner sued Johnson, claiming that Johnson's sale of its pine-tree-shaped plug-in freshener violated Car-Freshner's trademark rights in the pine-tree shape of its air fresheners and in its mark "Little Tree."

Court of Appeals affirmed the district court's grant of summary judgment in favor of Johnson, but on grounds of fair use.