Men of Measure Clothing, Inc. v. Men of Measure, Inc.

OPINION ON PETITION TO REHEAR

Appellant’s petition asserts the court erred in following federal case authority decided under the Lanham Act and suggests federal and Tennessee case law differ in that the latter presumably predicates infringement of state tradename rights on demonstrated public consumer confusion. Neither Century Homes nor other Tennessee decisions support this conclusion. Century Homes essentially states what both federal authority and general principles of trade-mark law hold, viz., that the central test for trade-mark or trade name infringement is “likelihood of confusion”.…