ARTISAN MANUFACTURING CORPORATION, Plaintiff, -against- ALL GRANITE & MARBLE CORPORATION, Defendant., 559 F. Supp. 2d 442

Summary

The manufacturer's mark was a suggestive, registered mark entitled to the utmost protection. Given the similarities between the manufacturer's mark and the mark used by the countertop company on the sinks it gave away free with a countertop purchase (both marks featured swirled designs which emanated from the base of the shape to the sides), and the marks' placement on the sinks, the countertop company's mark could have caused confusion among prospective buyers. Further, there was evidence that several customers of the countertop company believed that they had received a sink from the manufacturer. Moreover, there was evidence that the countertop company told customers that they would receive one of the manufacturer's sinks, which suggested that the countertop company may have adopted its mark in bad faith.