Beer Nuts, Inc. v. Clover Club Foods Co. [Beer Nuts III]
United States Court of Appeals for the Tenth Circuit
805 F.2d 920 (1986)
- Written by Sarah Holley, JD
Facts
Beer Nuts, Inc. (plaintiff) sold mixed nuts under the trademark Beer Nuts. Clover Club Foods Co. (defendant) sold sweetened and salted peanuts under the name Brew Nuts in packaging that depicted an overflowing stein of nuts. Beer Nuts sued Clover Club for trademark infringement and unfair competition, arguing that the translation of the name Brew Nuts together with an image of an overflowing stein of nuts created a likelihood of confusion with its product. The district court ruled in favor of Clover Club on the ground that no likelihood of confusion existed. The United States Court of Appeals for the Tenth Circuit, after concluding that the district court had committed reversible error because it based its decision on a side-by-side comparison of the trademarks in question, reversed and remanded the case. The district court again ruled in favor of Clover Club, and Beer Nuts appealed.
Rule of Law
Issue
Holding and Reasoning (Tacha, J.)
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