Trademark Law | Expert Legal Commentary
December 20, 2007
Custom Manufacturing v. Midway Services Case: No Likelihood of Confusion If There Is No Actual Perception
Custom Manufacturing and Engineering, Inc. v. Midway Services, Inc., et al.
By
Olivier A. Taillieu of Zuber & Taillieu LLP
Component parts manufacturers will want to pay attention to this case. In Custom Mfrg. V. Midway et al, 508 F.3d 641 (2007), the 11th Circuit found that when there is minimal likelihood that a potential customer will see the allegedly infringing product, there is no likelihood of confusion, and therefore no infringement. The Court also narrowly interpreted the notion of who might be a potential “customer” for purposes of analysis of the “likelihood of confusion” element.
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About the Author
Olivier A. Taillieu is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.