The 43(B)log discusses a recent Third Circuit opinion on this topic — one that people ask me about all the time.  Well, ask Rebecca Tushnet!  Her bottom line:

Essentially, the court of appeals thought that the district court had created a near-absolute “house brand” defense independent of the confusion factors, which was inappropriate. The court of appeals recognized that a prominent house brand might allow store brands to “‘get away’ with” a little more similarity than other defendants’ comparable products. But a tiny differentiating label won’t suffice in any event.

Hat tip to Marty Schwimmer.

By Ron Coleman

LIKELIHOOD OF CONFUSION blog author Ron Coleman is a member of Dhillon Law Group in their New York City and Montclair, New Jersey offices. He is a graduate of Northwestern University School of Law and Princeton University.

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