Tabberone is pronounced tab ber won not tay ber own

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Soltex Polymer Corporation v. Fortex Industries, Inc, 832 F.2d 1325 (2d Cir. 1987) Soltex is a manufacturer of polypropylene and other raw plastic materials, and has its principal place of business in Houston, Texas. Soltex Polymer Corporation used of the mark FORTIFLEX on plastic containers. Fortex is a Puerto Rico corporation owned primarily by members of the Ballester family and is a manufacturer of finished rubber products, including various types of containers. Fortex Industries, Inc claimed inringement. This case presents the interesting question of whether a finding of any likelihood of consumer confusion between two products bearing the same mark necessarily mandates the use of an absolute injunction in favor of the owner of that trademark. Court of Appeals affirmed the district court's refusal to grant an injunction in favor of Fortex Industries, instead ordering Polymer Corporation to use a disclaimer. Discussion is good concerning the use and effect of disclaimers.