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not tay ber own

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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

In the alternative, defendants argue that plaintiffs have not established a prima fade case of the likelihood of confusion due to the use of plaintiffs' marks on defendants' website. Certain Polaroid factors, such as proximity of the products in the marketplace, do appear to weigh in favor of defendants. Yet plaintiffs have offered sufficient evidence to create an issue of fact regarding likelihood of confusion. Defendants' pervasive use of plaintiffs' brand names throughout their website, alone, creates a fact issue as to confusion. In addition, plaintiffs assert that defendants' product descriptions, which include statements that observers will believe the products sold on the website are "the real thing," would support an inference of post-sale confusion. Accordingly, defendants' motion for summary judgment on these claims is denied.


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