Tabberone is pronounced tab ber won
not tay ber own

A&H used and registered the mark MIRACLESUIT for swimwear that provides the user with enhancements derived from the material's underwire. Victoria's secret began selling THE MIRACLE BRA in connection with swimsuits. A&H sought an injunction to prevent Victoria's Secret from marketing the bras. The District Court denied the motion.

"Reverse confusion occurs when 'the junior user saturates the market with a similar trademark and overwhelms the senior user.' . . . 'The public comes to assume the senior user's products are really the junior user's or that the former has become somehow connected to the latter. . . . [T]he senior user loses the value of the trademark - its product identity, corporate identity, control over its goodwill and reputation, and ability to move into new markets.'" The same ten factor test applies in reverse confusion as it does in confusion cases. The strength of the mark analysis, however, is different. In regular confusion cases, the stronger the mark, the more likely the trademark holder is to prevail. In reverse confusion cases, the weaker the mark, the more likely the trademark holder is to prevail.