Maple Grove Farms, Vt. v. Euro-Can Products, Inc.

2 Citing cases

  1. Nexxus Products Co. v. CVS New York, Inc.

    188 F.R.D. 11 (D. Mass. 1999)   Cited 6 times

    The likelihood of consumer confusion is the focus of Plaintiffs' claims under section 43(a) alleging unfair trade practices and false and misleading statements as well. See 15 U.S.C. ยง 1125(a); Casa Helvetia, 982 F.2d at 640; Boston Athletic Ass'n v. Sullivan, 867 F.2d 22, 29 (1st Cir.1989); Maple Grove Farms of Vermont, Inc. v. Euro-Can Products, Inc., 974 F.Supp. 85, 95 (D.Mass.1997); accordLone Star Steakhouse & Saloon, Inc. v. Alpha of Virginia, Inc., 43 F.3d 922, 930 (4th Cir.1995). To prevail on these claims, Plaintiffs must demonstrate that Defendants have used their mark in a manner which is likely to cause confusion or to deceive consumers as to the source of the goods.

  2. Sign-A-Way, Inc. v. Mechtronics Corp.

    12 F. Supp. 2d 132 (D. Mass. 1998)   Cited 4 times

    To prevail in a cause of action under the Lanham Act, "plaintiff must show actual harm to its business." Camel Hair and Cashmere Inst. v. Associated Dry Goods Corp., 799 F.2d 6, 12 (1st Cir. 1986); Maple Grove Farms of Vermont, Inc. v. Euro-Can Prod., Inc., 974 F. Supp. 85, 96 (D.Mass. 1997); See also Brown v. Armstrong, 957 F. Supp. 1293, 1301 (D.Mass.), aff'd, 129 F.3d 1252, 1997 WL 696059 (1st Cir. 1997); Pacamor Bearings, Inc. v. Minebea Co., 918 F. Supp. 491, 498 (D.N.H. 1996). In answer to Question II.7(a), the jury found that Mechtronics' use at a trade show in 1996 of the word "patented" in connection with its display of the Self Leveling Sign-Hanging Device did not cause Sign-A-Way any harm. The evidence before the jury reasonably supported this finding.