Continental Connector Corp. v. Continental Specialties Corp.

MEMORANDUM OF DECISION

NEWMAN, Circuit Judge. *

This trademark infringement suit involves the familiar but difficult problem of determining whether infringement has occurred absent proof of actual confusion. Section 32 of the Lanham Act, 15 U.S.C. § 1114 (1976), on which the principal question in this suit is based, prohibits the use of any 'trademark “likely to cause confusion or mistake or to deceive purchasers.” Proof of actual confusion often satisfies this test; in many cases it will obviate the need for additional proof and vitiate any defense based on the absence of such proof. But…