CHAPTER 9 - § 9.03

• Jurisdiction: United States

§ 9.03 EXEMPLARY "LIKELIHOOD OF CONFUSION" CASES

The Eighth Circuit found a likelihood of confusion with respect to Gateway's cow print design for computer products because (1) Gateway conducted an extensive ten-year campaign and spent over $1 billion in advertising to have the cow print design associated with its computers and computer-related products; (2) the alleged infringer intended to confuse consumers; and (3) evidence of actual confusion was presented.¹⁴⁵ Below is an example of one of Gateway's trademark registrations showing the cow print design.

Alternatively, the Seventh Circuit refused to find a likelihood of confusion between sports utility vehicle grilles where (1) the similarities between the grilles was modest and limited to how the slots were stamped; (2) survey evidence failed to show actual confusion between the grilles; and (3) there was little market overlap because of a difference in the size and price of the sports utility vehicles.¹⁴⁶ The case involved whether grilles on H2 sport utility vehicles (SUVs) infringed trademarks held by the DaimlerChrysler Corporation for grilles used on its line of Jeep SUVs.¹⁴⁷ Below is an example of DaimlerChrysler's trademarked grille design.

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Notes:

^[145] Gateway Inc. v. Companion Products Inc., 384 F.3d 503, 509-10 (8th Cir. 2004).

^[146] AM General Corp. v. DaimlerChrysler...