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A white, shimmering silhouette of a leg in the kneeling position, dissolving just above the knee, has been emplaced against a black, rectangular field, which is itself centered on a brightly colored background it appears to be an industry practice that the dominant package color varies within the line itself, depending on the particular product. For instance, certain marks merely describe a function, use, characteristic, size, or intended purpose of the product. Sara Lee has suggested that the use of an infringing mark on product packaging, standing alone, also constitutes a trade dress violation. Visit our consumer site.

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Actual Confusion The record is replete with anecdotal evidence of consumers throughout the nation confusing the L'eggs® and Leg Looks® marks. Generally speaking, we may set aside such findings only if they are clearly erroneous, Fed. The district court examined the record anew, and, on October 13,filed an opinion that adopted many of the magistrate's underlying findings, yet disagreed with his conclusions. However, the doctrine is sparingly applied where, as here, a plaintiff seeks only equitable relief. The L'eggs® mark The L'eggs® mark was conceived in the midst of Sara Lee's endeavor to discover new ways to manufacture, package, and market women's hosiery.




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There can be little argument as to the similarity of the goods that the two marks represent both are associated with women's hosiery , the facilities that the parties employ to transact business both L'eggs® and Leg Looks® are distributed in the FDM market, often side-by-side , or the advertising used by Sara Lee and Kayser-Roth both employ similar media and target the same consumers. L'eggs® and Leg Looks®, although not identical, are perceived similarly by the eye and ear. Kayser-Roth counterclaimed, alleging that Sara Lee had engaged in numerous antitrust violations and in false advertising. The majority dismisses that analysis in one page with little analysis of the same evidence. No L'eggs® products have ever been sold in such outlets. Of course, Miller's suit failed. George Lester Little, Jr.


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Sara Lee registered the L'eggs trademark in for use on ladies' hosiery and pantyhose in International Class The majority opinion discusses little or no evidence relevant to these categories and considered by the district court in detail, but bases its decision on the fact that it disagrees with the district court on the weight to be given the survey evidence and the effect to be given the anecdotal evidence. Sara Lee, by waiting for Kayser-Roth to expand its use of the Leg Looks® mark to the FDM market, chose to delay its pursuit of a remedy until its right to protection had clearly ripened. The court, therefore, finds that the relevant market in this case is, and has always been, the national retail pantyhose market.


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Moreover, even if Kayser-Roth's estoppel-by-acquiescence defense were valid, public policy dictates that-like the doctrine of estoppel by laches-it not be rigidly applied in cases like this one, where the likelihood of confusion is apparent. The district court, in its consideration of evidence of actual confusion, listed as sub-categories: We now consider briefly the similarity of the two marks, of the goods the marks identify, of the facilities employed to transact the parties' business, 13 and of the advertising used by the parties.



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