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FOGLIA Case Free Essay, Term Paper and Book Report

Likelihood of confusion factors The next issue is whether the mark used by FDF in its cheeses and that used by FV in its wines, are so similar as to increase the likelihood of confusion among customers. “Similarity of the marks is tested on three levels: sight, sound, and meaning.” Sleekcraft, 599 F.2d at 351. For a mark to be similar to another, they both must sound similar enough to create confusion, they both must be visually alike, and they both must have a similar meaning. [CITE]. The FDF mark is represented in a logo that has a smiling cow and the word FOGLIA. In contrast, FV uses a totally different mark, which has a logo picturing two oak leaves and the word FOGLIA. When comparing the two marks and their logo, the only similar thing among those is the word FOGLIA. In the SLEEKCRAFT case, [CITE], AMF INC. used the trademark “SLICKCRAFT” on its line of speed boats. Its line of boats also had the mark AMF printed on them. On the other hand, defendant had the name SLEEKCRAFT printed on every boat. Both marks had striking resemblance. It was noted that even though the SL......

Word Count: 802
Page Count: 3.2  (250 words a page / double spaced)


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