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McGregor-Doniger, Inc. v. Drizzle, Inc.

United States Court of Appeals for the Second Circuit

599 F.2d 1126 (1979)

Relevant factsFree

McGregor-Doniger (McGregor) (plaintiff) began selling golf jackets under the registered "Drizzler" mark, priced $20 to $50, well before Drizzle, Inc. (defendant) began selling unrelated $100-to-$900 women's coats under the unregistered "Drizzle" mark. McGregor sued for trademark infringement, believing the marks confusingly similar, but the district court dismissed the complaint after finding no likelihood of consumer confusion about the source of the goods, and McGregor appealed.

IssueFree

Whether a trademark owner must establish a likelihood of consumer confusion to succeed on a claim of trademark infringement.

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