Tabberone is pronounced tab ber won |
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Charles Of The Ritz Group Ltd v Quality King Distributors, 832 F.2d 1317 (2nd Cir 1987)
PLAINTIFF: Charles of the Ritz Group Ltd manufactures a fragrance called Opium. DEFENDANT : Quality King Distributors and Deborah International Beauty, manufacture a product fragrance called Omni. Omni looked like and smelled like Opium. Evidence was sufficient to support finding that competitor infringed trademark "Opium," and (2) disclaimer was insufficient to prevent consumer confusion between trademarked "Opium" perfume and competitor's "Omni" perfume. Court of Appeals affirmed the district court's grant of summary judgment in favor of Charles of the Ritz Group. Discussion is particularly interesing concerning the use and effect of disclaimers. |