Libman Company v. Vining Industries, Incorporated

I am unable to join in the majority opinion because I believe it is contrary to the law of this circuit regarding “likelihood of confusion” and because I am concerned that my colleagues have disregarded the “clearly erroneous” standard of review that governs a district court’s findings in this area. Given the centrality of the “likelihood of confusion” concept in the law of trademark infringement, I must respectfully dissent.

I. The Elements of “Likelihood of Confusion”

At the core of Libman’s trademark infringement claim is the assertion that broom consumers are likely to be confused about the…