August Storck K.G. v. Nabisco, Inc.
United States Court of Appeals for the Seventh Circuit
59 F.3d 616 (1995)
August Storck K.G. (Storck) (plaintiff) made "Werther's Original" butter toffee candies. Nabisco, Inc. (Nabisco) (defendant) developed a competing toffee, "Life Savers Delites," and printed on the packaging: "25% LOWER IN CALORIES THAN WERTHER'S (R) ORIGINAL* CANDIES," with an asterisked disclaimer clarifying Werther's was Storck's registered trademark and that Storck did not make or license the Nabisco product. Storck sued for trademark infringement and sought a preliminary injunction; the district court, without holding an evidentiary hearing on likely consumer confusion, granted the injunction, and Nabisco appealed.
Whether the use of a competitor's trademark in comparative advertising may be protected as nominative fair use.