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Ambrit, Inc. v. Kraft, Inc.

812 F.2d 1531 (1986)

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Ambrit, Inc. v. Kraft, Inc.

United States Court of Appeals for the Eleventh Circuit
812 F.2d 1531 (1986)

SH

Facts

Since 1928, Isaly Co., Inc. (plaintiff) made and sold five-ounce, chocolate-coated, stickless ice cream bars under the name Klondike. The Klondike bar was sold in pebbled foil featuring the colors silver, blue, and white, and the figure of a polar bear. Isaly limited sales of its Klondike bar to the northeastern United States until 1978, when it entered into an arrangement with Kraft, Inc. (defendant) for distribution of the Klondike bar in Florida. Thereafter, Kraft created its own five-ounce, chocolate-coated, stickless ice cream bar, for which Kraft tried to replicate the Klondike bar as much as possible. Kraft began selling its ice cream bar under the name Polar B’ar in 1980. Kraft’s predecessor had sold an ice cream bar under that trademark from 1929 to 1932, and Kraft acquired the mark through merger. The Polar B’ar was sold in similar pebbled foil featuring the color blue. When Kraft notified Isaly of its intention to terminate its distribution of the Klondike bar in Florida in 1982, litigation ensued. Isaly asserted that Kraft’s packaging infringed its trademark and sought cancellation of Kraft’s trademark. The district court rejected Isaly’s request, and Isaly appealed.

Rule of Law

Issue

Holding and Reasoning (Wisdom, J.)

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