CALVIN KLEIN COSMETICS CORP. V. PARFUMS DE COEUR, LTD.
824 F.2d 665 (1987)
NATURE OF THE CASE: This was an appeal from a denial of several preliminary injunction
motions brought by Calvin Klein (P) against Parfums (D) and Robert Baker, Inc. D
cross-appeals from that portion of one of the district court's orders that enjoined D from
future violations of federal trademark law.
FACTS: P distributes fragrance products under the registered trademark OBSESSION. D
manufactures an imitation of the OBSESSION scent, which it calls CONFESS and which it
markets as part of its 'Designer Imposters' [sic] line of designer perfume imitations. D's
body spray container displays the slogan, 'If you like OBSESSION you'll love CONFESS.' P
filed a motion for a preliminary injunction. The district court found that the information
on the body spray container viewed as a whole was ambiguous and did not provide sufficient
information for the consumer to adequately compare the two products, thus creating a
likelihood of consumer confusion as to the source or origin of CONFESS and its relationship
to OBSESSION. Finding that Calvin Klein would probably succeed on the merits at trial, the
district court preliminarily enjoined distribution or sale of the body spray container. It
did not enjoin the use of the 'like/love' slogan itself but stated that the 'like/love'
phrase could be used in conjunction with appropriate disclaimers or other source-identifying
information. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment