“Toucan” trademarks

February 21, 2013

  • 382T Trademarks
  • 382TIII Similarity Between Marks; Likelihood of Confusion
  • 382Tk1100 Relationship Between Goods or Services Underlying Marks
  • 382Tk1103 k. Particular Goods and Services, Relationship Between.

382T TrademarksProducts of plaintiff cereal manufacturer and defendant golf equipment manufacturer were completely unrelated, thus supporting conclusion that defendant’s proposed “Toucan Gold” trademarks were not likely to create confusion with respect to plaintiff’s “Toucan Sam” marks for cereal, even though plaintiff had licensed character for depiction on various products including golf balls and golf shirts, and once presented animated television advertisement in which character was portrayed soliciting cereal on a golf course and interacting with a golf-playing bear.
Kellogg Co. v. Toucan Golf, Inc., 337 F.3d 616 (6th Cir. 2003)
Suggested by Laurie Oliver, Team Coordinator, Thomson Reuters Westlaw™