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Conopco, Inc. v. May Department Stores Co.

United States Court of Appeals for the Federal Circuit

46 F.3d 1556 (1994)

Relevant factsFree

Conopco (plaintiff), maker of Vaseline Intensive Care Lotion, sued May Department Stores (defendant) for trade-dress infringement after May designed its private-label lotion bottle to resemble Conopco's newly relaunched Vaseline bottle, though May's label bore different wording and its own clearly marked logo; the district court credited testimony from a single consumer, Mrs. Sickle, who mistakenly believed name-brand manufacturers secretly also make private-label products, and found both actual confusion (supporting damages) and a presumption of confusion from May's intent to compete, awarding Conopco monetary and injunctive relief.

IssueFree

Whether, to establish entitlement to monetary relief for trade-dress infringement, the plaintiff must demonstrate actual confusion.

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