Triangle Publications v. Rohrlich
United States Court of Appeals for the Second Circuit
167 F.2d 969 (1948)
- Written by Katrina Sumner, JD
Facts
Triangle Publications (plaintiff) published a magazine named Seventeen, which published content of interest to teenage girls. Subsequently, Joseph Rohrlich and others (defendants) began to make and sell girdles using the trademark name Miss Seventeen. A district court found trademark infringement due to the potential for confusion, and an appellate court affirmed. One dissenting judge at the United States Court of Appeals for the Second Circuit felt that the district judge’s findings were based on guesswork regarding whether there was a likelihood of confusion. The dissenting judge noted that the district court did not use laboratory tests to determine whether many teenage girls and women would think that Triangle Publications’ magazine was somehow connected to Rohrlich’s girdles upon seeing them both. The dissenting judge expressed the view that if there was no evidence of actual confusion, a court must use judicial notice to ascertain the potential for confusion.
Rule of Law
Issue
Holding and Reasoning ()
Dissent (Frank, J.)
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