Tabberone is pronounced tab ber won not tay ber own

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Surfvivor Media, Inc v. Survivor Productions, (9th Cir. 2005) In this reverse confusion case, the owner of the SURFVIVOR mark for beachwear, sunscreen, and surfboards sued the producers of the SURVIVOR television show for infringement. The Ninth Circuit affirmed the entry of summary judgment in favor of defendants because no material issue of fact was raised with respect to likelihood of confusion under the Sleekcraft test. The court found that the two marks were similar in sound but dissimilar in appearance. The court also relied on the absence of evidence of actual confusion, the unrelated nature of the goods, and an absence of intent to infringe.