Libman Company v. Vining Industries, Inc.
United States Court of Appeals for the Seventh Circuit
69 F.3d 1360 (1995)
Libman Company (plaintiff) held a federal trademark for a non-color-specific striped-bristle pattern used on its brooms, manufactured in various bristle colors. Vining Industries (defendant) began selling brooms with light-and-medium-grey contrasting bristle stripes, but sold them in wrappers that concealed the contrasting colors and used labels bearing no resemblance to Libman's labels. Libman sued for trademark infringement, and the district court found for Libman, enjoining Vining and awarding $1.2 million based on Vining's profits; Vining appealed.
Whether a finding of trademark infringement based upon a likelihood of confusion must be supported by evidence establishing that confusion is likely to occur.