Munsingwear, Inc. v. Jockey International
United States District Court for the District of Minnesota
31 U.S.P.Q.2d 1146 (1994)
Munsingwear (plaintiff) had produced men's underwear with a distinctive horizontal fly design since 1946, and sued Jockey International (defendant) for trademark infringement after Jockey began selling its own horizontal-fly underwear in 1992, even though the two companies' packaging, each clearly labeled with its own company name, looked nothing alike. Munsingwear argued the confusion analysis should focus on the products post-sale — that is, once removed from their distinguishable packaging — rather than pre-sale, and Jockey moved for summary judgment.
Whether the point of reference for assessing post-sale trademark confusion is the general public, rather than the actual purchaser of the product.