Sunmark, Inc. v. Ocean Spray Cranberries, Inc.
United States Court of Appeals for the Seventh Circuit
64 F.3d 1055 (1995)
Relevant factsFree
Sunmark, Inc. (Sunmark) (plaintiff) owned the registered "SweeTARTS" trademark for its candies, and Ocean Spray Cranberries (Ocean Spray) (defendant) described its sweetened cranberry juice drinks in advertising as "sweet-tart" because the drinks tasted both sweet and tart. Sunmark sued for trademark infringement and sought a preliminary injunction, which the district court denied, finding Sunmark unlikely to succeed because Ocean Spray's usage was descriptive fair use; Sunmark appealed.
IssueFree
Whether the descriptive use of a trademark is a defense to a trademark-infringement claim.