United States Sixth Circuit
KELLOGG CO. v. TOUCAN GOLF, INC., 01-2394
In a Lanham Act claim, 1) use of a word mark did not create likelihood of confusion among consumers as defendant's use of its mark is in an industry far removed from that of plaintiff, 2) a logo did not create a likelihood of confusion, and 3) plaintiff has not presented evidence that use of its marks actually dilutes fame or distinctiveness.
Appellate Information
- Argued 05/06/2003
- Decided 07/23/2003
- Published 07/23/2003
Judges
- Before SUHRHEINRICH and COLE, Circuit Judges; CARR, District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Daniel S. Mason (argued and briefed), Christopher T. Micheletti, (briefed), Zelle, Hofmann, Voelbel, Mason & Gette, San Francisco, CA, for Plaintiff-Appellant.
- For Appellees:
- Gerard Mantese (argued and briefed), Mantese & Associates, Troy, MI, John J. Conway (briefed), Detroit, MI, for Defendant-Appellee.