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McGregor-Doniger, Inc. v. Drizzle, Inc.
United States Court of Appeals for the Second Circuit
599 F.2d 1126 (1979)
In 1947, McGregor-Doniger, Inc. (McGregor) (plaintiff) began selling golf jackets under the Drizzler mark, and in 1967, McGregor registered the trademark. In 1965, McGregor began using the Drizzler mark exclusively in connection with its golf jackets, which sold for $20 to $50. In 1969, Drizzle, Inc. (defendant) began selling women’s coats under the unregistered Drizzle mark, which sold for $100 to $900. McGregor learned of Drizzle, Inc.’s sale of Drizzle-labeled coats and believed the Drizzle mark to be confusingly similar to McGregor’s Drizzler mark. McGregor sued, claiming trademark infringement. The district court dismissed McGregor’s complaint, holding that McGregor failed to show a likelihood of consumer confusion about the source of the two marks. McGregor appealed the decision.
Rule of Law
Holding and Reasoning (Meskill, J.)
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