Tabberone is pronounced tab ber won |
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Citizens Financial Group Inc. v. Citizens Nat'l Bank of Evans City, 383 F.3d 110 (3d Cir. 2004) In this reverse confusion case involving the CITIZENS mark, the Third Circuit held that the issue was whether confusion was likely in the senior user's market, not in the larger market of the junior user. Thus, survey evidence must correspond to the senior user's geographic area. The court also found that the district court erred in molding the verdict to allow the junior user the right to use the mark in the senior user's market, and directed that an injunction be entered. |