Tabberone is pronounced tab ber won not tay ber own

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

From Soltex Polymer Corporation v. Fortex Industries, Inc, 832 F.2d 1325 (2d Cir. 1987) [A]s to defendant's use of the FORTIFLEX mark on its animal feeder and agricultural products line, there is little, if any, likelihood of consumer confusion. As to defendant's container line, however, the Court finds that the Polaroid factors cut minimally or moderately in favor of a holding that an appreciable number of ordinarily prudent purchasers may be confused as to the source of defendant's goods or defendant's association with the plaintiff. After balancing the equities to determine the propriety of injunctive relief, the court denied Soltex injunctive relief with respect to defendants' animal-feeder and industrial container lines, but required defendants to use the following disclaimer in conjunction with the FORTIFLEX mark and logo on its industrial container line: "Not connected with Soltex Polymer Corporation of Houston, Texas."