Munsingwear, Inc. v. Jockey International
United States District Court for the District of Minnesota
31 U.S.P.Q.2d 1146 (D. Minn.), aff'd, 39 F.3d 1184 (1994)
Beginning in 1946, Munsingwear, Inc. (plaintiff) produced men’s underwear that had a horizontal (i.e., running parallel to the ground) fly, as opposed to the traditional vertical fly. In 1992, Jockey International began producing horizontal-fly underwear. The packaging of Jockey’s underwear was not similar to Munsingwear’s packaging. Each packaging had the respective company’s name on it. Munsingwear sued Jockey for trademark infringement, seeking an injunction. Jockey filed a motion for summary judgment. The parties disagreed on whether the court’s analysis regarding likelihood of confusion should be based on the products pre-sale or post-sale. Munsingwear argued that the analysis should be based on the products post-sale, i.e., out of the packaging.
Rule of Law
Holding and Reasoning (Doty, J.)
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