VALMOR PRODUCTS COMPANY, Plaintiff-Appellee, v. STANDARD PRODUCTS CORPORATION, Defendant-Appellant, 464 F.2d 200

Summary

Defendant sought review of an order enjoining it from further use of plaintiff's trademark for a line of beauty goods, cancelling its registration of that trademark and referring the case for accounting of damages and profits in plaintiff's trademark infringement suit brought pursuant to the Lanham Act (Act), 15 U.S.C.S. § 1051 et seq., and Mass. Gen. Laws ch. 110, §§ 7A, 8. On appeal, the court affirmed, finding that as defendant's and plaintiff's beauty products appealed to the same class of consumers leading to a likelihood of consumer confusion as to the source of the products, infringement occurred despite the presence of only a minimal amount of actual confusion. Further, the court affirmed cancellation of defendant's trademark, but reversed the lower court's accounting for damages and profits as the lower court failed to explain the basis for so holding, as it found that defendant did not engag in "palming off" or fraud.