Factors in Determining whether Non-Competing Goods are Related Flashcards
In a jurisprudential ruling, what are the factors in determining whether non-competing goods are related and can cause confusion, as discussed in Mighty Corporation v. E. & J Gallo Winery?
In Mighty Corporation v. E. & J Gallo Winery, the Court held that, “Non-competing goods may be those which, though they are not in actual competition, are so related to each other that it can reasonably be assumed that they originate from one manufacturer, in which case, confusion of business can arise out of the use of similar marks.” In that case, the Court enumerated factors in determining whether goods are related:
(1) classification of the goods;
(2) nature of the goods;
(3) descriptive properties, physical attributes or essential characteristics of the goods, with reference to their form, composition, texture or quality; and
(4) style of distribution and marketing of the goods, including how the goods are displayed and sold.
