Legal Opinion

Libman Company v. Vining Industries, Incorporated

Court of Appeals for the Seventh Circuit

Decided January 10, 1996No. 95-1905PublishedCited by 51 opinions

1Opinion of the Court

POSNER, Chief Judge.

The Libman Company brought suit against Vining Industries for infringement of a federally registered trademark on a broom. After a bench trial, the district judge enjoined Vining from selling the infringing line of brooms and in addition awarded Libman almost $1.2 million in monetary relief, representing Vining’s profits from that sale. The main ground of the appeal, and the only one we need discuss, is that the district judge committed clear error in finding that consumers were likely to mistake Vining’s broom for Libman’s.

A broom has, of course, a head of bristles. In…

2Cases cited16 opinions

  1. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  2. Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
  3. Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
  4. James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
  5. The Paddington Corporation v. Attiki Importers & Distributors, Inc.Court of Appeals for the Second Circuit · 1993

11 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  2. The International Association of MacHinists and Aerospace Workers, Afl-Cio v. Winship Green Nursing CenterCourt of Appeals for the First Circuit · 1996
  3. Star Industries, Inc. v. Bacardi & Company Limited, Bacardi U.S.A., and Anheuser-Busch, Inc.Court of Appeals for the Second Circuit · 2005
  4. Thomas & Betts Corporation and Thomas & Betts Holdings, Inc. v. Panduit CorporationCourt of Appeals for the Seventh Circuit · 1998
  5. Meridian Mutual Insurance Company v. Meridian Insurance Group, Inc.Court of Appeals for the Seventh Circuit · 1997

46 more not listed; retrieve them via the Exa API.

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