Gruma Corporation v. Mexican Restaurants, Inc.

W. EUGENE DAVIS, Circuit Judge: *

Plaintiff Gruma Corporation, a manufacturer of Mexican food product which it markets nationwide under the MISSION trademark, sued the defendant Mexican Restaurants, Inc., owner of a chain of restaurants using the MISSION BURRITO mark, for infringement and dilution. The district court found no likelihood of confusion between the plaintiffs and defendants marks and no dilution and dismissed Gru-ma’s case. Based on our conclusion that the district court erred in its legal analysis of these claims, and because proper application of the relevant factors favors…