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 Graham Webb Intl v Emporium Drug Mart, 916 F.Supp. 909 (E.D. Ark 1995) At the October 12th hearing, Graham Webb submitted for the Court's examination several Graham Webb products with obliterated batch codes that purportedly were purchased at the Drug Emporium and were representative of the Graham Webb products being sold there. Although Drug Emporium objected to the Court's consideration of these products, the product itself did not appear to be compromised in any of the bottles and the minor aesthetic damage, which if anything consisted of almost imperceptible scratches on the bottom of the bottles, did not in any manner create a likelihood that consumers would think that Graham Webb intentionally distributed shoddy goods. Cf. Matrix Essentials, 870 F.Supp. at 1251-52. There simply was no indication that the removal of the batch codes defaced the bottles or compromised the quality of Graham Webb products themselves as was the case in John Paul Mitchell Systems, and nothing in the photographic exhibits submitted in support of the motion for preliminary injunction indicates any defacement that would confuse consumers. The mere removal of batch codes from product containers, as occurred in this case, does not give rise to the element of likelihood of consumer confusion necessary for a Lanham Act claim. Matrix Essentials, 870 F.Supp. at 1251-52.