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 John Paul Mitchell v Randalls Food Markets, 17 S.W.3d 721 (TX 2000) And each Paul Mitchell product disclaimed any guarantee of a product sold in a supermarket; no consumers were confused in that regard. We reject Paul Mitchell's claim that sale of its product without professional consultation gives rise to consumer confusion. There is no evidence in the record that customers who purchased these hair products from Randalls were confused or deceived by thinking that they would receive professional consultation with their purchase. See id.; Graham Webb Int'l, 916 F.Supp. at 916. The lack of evidence of a material difference or defect leading to confusion of customers is fatal to Paul Mitchell's claim of unfair competition, as well as its trademark protection claims. See Matrix, 988 F.2d at 592 (touchstone of unfair competition is likelihood of consumer confusion).