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Keywords

lawsuitplaintiffdefendanttrademark
trademark

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AmBrit, Inc. v. Kraft, Inc., 812 F.2d 1531, 1 U.S.P.Q.2d 1161

Facts

The Isaly Company, Inc. (plaintiff) and Kraft, Inc. (defendant) are competitors in the ice cream novelty market. Isaly has been selling its Klondike bar since 1928, featuring a distinctive wrapper with a polar bear and specific color scheme. Kraft, after a successful distribution relationship with Isaly, developed its own ice cream bar named Polar B'ar, which closely mimicked the Klondike bar's packaging. Isaly filed a lawsuit against Kraft, alleging trademark and trade dress infringement.

Issue

Did Kraft's packaging of the Polar B'ar infringe upon Isaly's trade dress and trademark rights?

Did Kraft's packaging of the Polar B'ar infringe upon Isaly's trade dress and trademark rights?

Rule

Analysis

The court found that Isaly's Klondike trade dress was inherently distinctive and had acquired secondary meaning, thus qualifying for protection. The similarities in design, product type, and marketing channels between the Klondike and Polar B'ar bars led to a finding of likelihood of confusion. Kraft's intent to emulate Isaly's successful product further supported the conclusion of infringement.

The district court found that Isaly had established all three elements and therefore ruled in favor of Isaly on the trade dress infringement claim. Kraft contends that the district court erred in its conclusion with respect to each element. Because each element involves a finding of fact, we cannot overturn the decision of the district court absent clear error on at least one element.

Conclusion

The court affirmed that Kraft infringed upon Isaly's trade dress and trademark, ruling in favor of Isaly on the trade dress infringement claim.

We affirm, holding that the district court's findings were not clearly erroneous and that the court's conclusions of law were correct.

Who won?

Isaly Company, Inc. prevailed in the case, as the court found that Kraft's Polar B'ar packaging infringed upon Isaly's established trade dress and trademark rights. The court's ruling was based on the clear similarities between the two products, the intent of Kraft to benefit from Isaly's established market presence, and the likelihood of consumer confusion.

Isaly Company, Inc. prevailed in the case, as the court found that Kraft's Polar B'ar packaging infringed upon Isaly's established trade dress and trademark rights.

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